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ROBERTSON v. CONNORS

No. 87-2136.

848 F.2d 472 (1988)

David M. ROBERTSON, Plaintiff-Appellant, v. Joseph P. CONNORS, Sr., Trustee; Paul R. Dean, Trustee; William B. Jordan, Trustee; William Miller, Trustee; Donald Pierce, Jr., Trustee, and their successors as such of the United Mine Workers of America Health & Retirement Funds, 2021 K. Street, North West, Washington, DC 20006, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 7, 1988.

Attorney(s) appearing for the Case

Kathryn R. Bayless (Bayless & Wills, Princeton, W.Va., on brief) for plaintiff-appellant.

Thomas S. Gigot, Asst. Gen. Counsel, UMWA Health & Retirement Funds, Office of Gen. Counsel (Gerald E. Cole, Jr., Gen. Counsel; Israel Goldowitz, Deputy Gen. Counsel, Washington, D.C., on brief) for defendants-appellees.

Before PHILLIPS and SPROUSE, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

SPROUSE, Circuit Judge:

David M. Robertson appeals from the summary judgment granted by the district court to the Trustees of the United Mine Workers of America Health and Retirement Funds. The district court found that substantial evidence supported the Trustees' ruling that Robertson's disability did not stem from a mine accident. We reverse.

Robertson was operating a coal shuttle car on the night of July 22, 1980 in a Consolidation Coal Company mine in...

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