PRATT v. CONNORS

No. 87-2221.

857 F.2d 231 (1988)

Eugene D. PRATT, Plaintiff-Appellant, v. Joseph P. CONNORS, Sr.; Paul R. Dean; William Miller; Donald E. Pierce, Jr., Trustees of United Mine Workers of America Health and Retirement Funds; Betty Veach, Director, Morgantown Field Service Office of UMWA Health and Retirement Funds; John Madden, Hearing Office of Morgantown Field Service Office of UMWA Health and Retirement Funds, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1988.


Attorney(s) appearing for the Case

James A. McLaughlin (McLaughlin & Curry, Fairmont, W.Va., on brief), for plaintiff-appellant.

Andree M. St. Martin, Asst. Gen. Counsel (Israel Goldowitz, Deputy Gen. Counsel, Gerald E. Cole, Jr., Margaret E. Topps, Catherine H. Mitchell, United Mine Workers Of America Health and Retirement Funds, Washington, D.C.; Mike Magro, Jr., Magro & Magro, Morgantown, W.Va., on brief), for defendants-appellees.

Before RUSSELL and HALL, Circuit Judges, and MERHIGE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.


K.K. HALL, Circuit Judge:

Eugene D. Pratt, a retired coal miner, appeals an order of the district court granting summary judgment in favor of defendants Joseph P. Connors, Sr., et al, the Trustees of United Mine Workers of America Health and Retirement Fund ("the Trustees" or "the Fund"). Adopting the recommendation of the United States magistrate in this civil action brought pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), the district...

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