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AMBROMOVAGE v. UNITED MINE WORKERS OF AMERICA

Nos. 82-3496, 82-3515.

726 F.2d 972 (1984)

Napolean S. AMBROMOVAGE, Lewis Kurtz, Frank Tragus, John Brinkash, Alex Gonzales, Emmett Thomas, Nicholas J. Haydock, John D. Jillson, Joseph Fauzio, and Frank J. Galgay, Trustees of the Anthracite Health and Welfare Fund, Plaintiffs-Appellants v. UNITED MINE WORKERS OF AMERICA, An Unincorporated Trade Union Association, Defendant-Appellee. Appeal of Napolean S. AMBROMOVAGE, et al. Napolean S. AMBROMOVAGE, Lewis Kurtz, Frank Tragus, John Brinkash, Alex Gonzales, Emmett Thomas, Nicholas J. Haydock, John D. Jillson, Joseph Fauzio, and Frank J. Galgay, Trustees of the Anthracite Health and Welfare Fund, Plaintiffs-Appellees v. UNITED MINE WORKERS OF AMERICA, An Unincorporated Trade Union Association, Defendant-Appellant. Appeal of UNITED MINE WORKERS OF AMERICA, An Unincorporated Trade Union Association.

United States Court of Appeals, Third Circuit.

Decided January 25, 1984.

Attorney(s) appearing for the Case

Thomas M. Kittredge (argued), Morgan, Lewis & Bockius, Philadelphia, Pa., James S. Palermo, Hazelton, Pa., for plaintiffs-appellants in No. 82-3496 and plaintiffs-appellees in No. 82-3515.

Daniel B. Edelman (argued), Joseph A. Yablonski, Yablonski, Both & Edelman, Washington, D.C., Thomas N. O'Neill, Jr., Carol A. Mager, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for defendant-appellee in No. 82-3496 and defendant-appellant in No. 82-3515.

Before GIBBONS and BECKER, Circuit Judges and WEBER, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

These appeals concern the liability of cross-appellant United Mine Workers of America (the "Union") for failure to collect royalties owed by a number of coal operators to the Anthracite Health and Welfare Fund (the "Fund"), and the availability for set-off against such liability of certain loans made by the Union to the Fund. Appellants, retired mine workers or their dependents, are the beneficiaries of the Fund...

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