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GRZYB v. NEW RIVER CO.

No. 85-1710.

793 F.2d 590 (1986)

Stephen J. GRZYB, Appellee, v. The NEW RIVER COMPANY, Harrison Combs, and John J. O'Connell, Defendants, and Joseph P. Connors, Sr., Donald Pierce, William Jordan, William Miller, and Paul R. Dean, as Trustees of the United Mine Workers of America Health and Retirement Funds, and United Mine Workers of America Health and Retirement Funds, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided June 18, 1986.

Attorney(s) appearing for the Case

Jeffrey B. Cohen (Seifman, Semo, Slevin & Marcus, P.C., Washington, D.C., Cynthia L. Turco, Spilman, Thomas, Battle & Klostermeyer, Charleston, W.Va., William F. Hanrahan, General Counsel, UMWA Health and Retirement Funds, Washington, D.C., on brief), for appellants.

Marye L. Wright, Asst. U.S. Atty. (David A. Faber, U.S. Atty., Charleston, W.Va., on brief), for appellee.

Before WIDENER and ERVIN, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

MICHAEL, District Judge:

This case presents as its principal issue the question of the proper interpretation of 38 U.S.C.A. § 2022, in an unusual, if not unique, fact pattern. A subsidiary issue in the case is whether the plaintiff appellee, (hereinafter Grzyb) waived his rights under the Veterans Act under the facts in this case.

The facts are essentially uncontradicted. Grzyb was employed in the New River Coal...

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