FIXX v. UNITED MINE WORKERS OF AMERICA; DIST. 17

Civ. A. Nos. 83-2170, 83-2171.

645 F.Supp. 352 (1986)

Darrell S. FIXX and Cannelton Industries, Inc., Plaintiffs, v. UNITED MINE WORKERS OF AMERICA; DISTRICT 17, United Mine Workers of America; the Honorable A. Andrew MacQueen, In his official capacity as Judge of the Circuit Court of Kanawha County, Defendants. John P. GOTSES, Valley Camp Coal Company and Donaldson Mine Company, Plaintiffs, v. UNITED MINE WORKERS OF AMERICA; DISTRICT 17, United Mine Workers of America and the Honorable A. Andrew MacQueen, In his official capacity as Judge of the Circuit Court of Kanawha County, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

June 30, 1986.


Attorney(s) appearing for the Case

Roger A. Wolfe and Laura E. Beverage, Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., for plaintiffs.

James M. Haviland, Charleston, W.Va., for United Mine Workers of America.

Larry Harless, Charleston, W.Va., for Dist. 17, United Mine Workers of America.


ORDER

HADEN, Chief Judge.

These cases come before the Court as actions for declaratory judgment pursuant to 28 U.S.C. § 2201. The parties have all moved for summary judgment. The central question to be decided is whether W.Va. Code, § 23-5A-2 is preempted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq.—more particularly, 29 U.S.C. § 1144(a). John Gotses and Darrel Fixx are named fiduciaries...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases