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ALBRIGHT v. U.M.W. HEALTH & RETIREMENT FUND

Civ. A. No. 83-0310-E(K).

655 F.Supp. 251 (1987)

Emma ALBRIGHT, Francis Bolyard, Richard Bolyard, Charles Broadwater, Kenneth Cummings, Thomas Dalton, Fairest Funk, William Gamble, Hershel Hovatter, James Martin, William Martin, Donald Maxwell, Charles Mersing, Everett Miller, Ralph Miller, Willie Moury, Carrie Phillips, Calvin Plum, J. Neil Sheets, Eugene Smith, Carney Stuchell, Steve B. Tees, Howard K. Uphold, Robert W. Watkins, Paul E. Weaver, Charles Weber, Charles Wodzneski, Lillian M. Wolfe, Castro Casseday, Howard Moury, Harold V. McDaniel, George Sypolt, Franklin Harris, John Galusky, and Bruce F. Thomas, Plaintiffs, v. UNITED MINE WORKERS OF AMERICA HEALTH AND RETIREMENT FUND, Defendant.

United States District Court, N.D. West Virginia, Elkins Division.

February 27, 1987.

Attorney(s) appearing for the Case

Timothy J. Manchin and Michael John Aloi, Fairmont, W.Va., for plaintiffs.

Mike Magro, Jr., Magro & Magro, Morgantown, W.Va., for defendant.

MEMORANDUM OPINION

KIDD, District Judge.

Pending before the Court are cross-motions for summary judgment filed by the parties. The underlying material facts of this action are not disputed. The only issue to be decided is one of law. Therefore, this action is ripe for summary judgment.

The plaintiffs in this action are retired coal miners who were former employees of Reliable Coal Company ("Reliable"...

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