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NORMAN v. UNITED MINE WORKERS OF AMERICA

No. 83-5042.

755 F.2d 509 (1985)

Paul NORMAN, Plaintiff-Appellant, v. UNITED MINE WORKERS OF AMERICA HEALTH AND RETIREMENT FUNDS, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided February 26, 1985.

Attorney(s) appearing for the Case

William C. Hambley (argued), Appalachian Research and Defense Fund of Kentucky, Inc., Pikeville, Ky., for plaintiff-appellant.

Bruce A. Levy, Pikeville, Ky., Israel Goldowitz (argued), William F. Hanrahan, UMWA Health & Retirement Funds, Washington, D.C., for defendants-appellees.

Before KEITH and JONES, Circuit Judges and CELEBREZZE, Senior Circuit Judge.

PER CURIAM.

Paul Norman (plaintiff-appellant) brought this action under the Employee Retirement Income Security Act and the Labor-Management Relations Act to recover disability benefits from the United Mine Workers of America Health and Retirement Funds (defendant-appellee) (Funds). Norman alleged that a provision in the 1950 Pension Plan, requiring that a totally disabled person be eligible for Social Security Disability...

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