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PIERCE v. UNITED MINE WORKERS OF AMERICA WELFARE AND RETIREMENT FUND FOR 1950 AND 1974

No. 84-5852.

770 F.2d 449 (1985)

Fred PIERCE, Plaintiff-Appellee, v. UNITED MINE WORKERS OF AMERICA WELFARE AND RETIREMENT FUND FOR 1950 AND 1974 Julius Mullins, John J. O'Connell and Paul R. Dean, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Argued June 12, 1985.

Attorney(s) appearing for the Case

William F. Hanrahan, Jeanne K. Beck, United Mine Workers of America, Office of General Counsel, Mary Anne Gibbons (argued), Washington, D.C., E.H. Rayson, Kramer, Johnson, Rayson, McVeigh and Leake, Knoxville, Tenn., for defendants-appellants.

David J. Poss, Walter, Gilbertson and Associates, Knoxville, Tenn., Bruce I. Petrie, Jr. (argued), Graydon, Head and Ritchey, Cincinnati, Ohio, for plaintiff-appellee.

Before MERRITT and WELLFORD, Circuit Judges, and SPIEGEL, District Judge.

MERRITT, Circuit Judge.

In this pension fund benefits case, the Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950 argue on appeal that the District Court erred both in granting the plaintiff's motion under Fed.R.Civ.P. 60(b)(2) and (6) and in holding that the Trustees' denial of plaintiff's pension claim was not supported by substantial evidence. We hold that the District Court abused its discretion in granting plaintiff's Rule 60...

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