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RICHARDS v. UNITED MINE WKRS. OF AM. H. & RET. F.

No. 87-2154.

851 F.2d 122 (1988)

Homer RICHARDS and Anna Mae Richards, Plaintiffs-Appellees, v. UNITED MINE WORKERS OF AMERICA HEALTH AND RETIREMENT FUNDS, Joseph P. Connors, Sr.; Donald E. Pierce, Jr.; William Miller; William B. Jordan; Paul R. Dean, Trustees of the United Mine Workers of American 1974 Pension Trust, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 11, 1988.

Rehearing Granted August 10, 1988.

Attorney(s) appearing for the Case

Edward J. Gilmartin (Andree M. St. Martin, Washington, D.C., on brief), for defendants-appellants.

Edmund A. Sargus, Jr. (Burech & Sargus, St. Clairsville, Ohio, Chris Riley, Riley & Kidner, Wheeling, W.Va., on brief), for plaintiffs-appellees.

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

MERHIGE, Senior District Judge:

The Trustees of the United Mine Workers of America Health and Retirement Funds ("Funds") appeal from the district court's order granting Homer Richards' ("Richards") and Anna Mae Richards' motion for summary judgment and awarding disability pension benefits. We find that the Trustees' decision that Richards' disability did not result from a mine accident is supported by substantial evidence.

I.

On January 31, 1981...

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