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NAUGLE v. O'CONNELL

No. 85-1750.

833 F.2d 1391 (1987)

George O. NAUGLE, Plaintiff/Appellant, v. John J. O'CONNELL, Harris Combs and Paul R. Dean, Trustees, United Mine Workers of America Health and Retirement Fund, Defendants/Appellees.

United States Court of Appeals, Tenth Circuit.

November 18, 1987.

Attorney(s) appearing for the Case

Karen L. Yablonski-Toll, Law Offices of John W. McKendree, Denver, Colo., for plaintiff/appellant.

Richard S. Mandelson, Baker & Hostetler, Denver, Colo. (William F. Hanrahan, Gerald E. Cole, Jr., and Carolyn A. Mensi, Office of Gen. Counsel, UMWA Health & Retirement Funds, Washington, D.C., with him on the brief), for defendants/appellees.

Before HOLLOWAY, Chief Judge, ANDERSON, Circuit Judge, and BRIMMER, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

This case comes to us on appeal from district court judgments upholding the denial to plaintiff/appellant George O. Naugle of pension benefits from the United Mine Workers of America 1950 Pension Plan ("the Plan"), and ordering Naugle to restore to the Plan trust $6,902.89 plus interest that the trust had already paid him. For the reasons set forth below we affirm the judgments of the district court.

I.

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