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CHICARELLI v. UMWA HEALTH & RET. FUNDS

No. 91-3005.

943 F.2d 457 (1991)

James W. CHICARELLI, Plaintiff-Appellant, v. UMWA HEALTH AND RETIREMENT FUNDS; Joseph P. Conners, Sr.; Paul R. Dean; William B. Jordan; William Miller; Donald E. Pierce, Jr., Trustees, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 22, 1991.

As Amended September 12, 1991.

Attorney(s) appearing for the Case

Susan Kipp McLaughlin, McLaughlin & Curry, Fairmont, W.Va., for plaintiff-appellant.

Andrew Marie St. Martin, Associate General Counsel, U.M.W.A. Health & Retirement Funds, Washington, D.C., argued (Janet A. Penz, Sr. Associate Counsel, on brief), for defendants-appellees.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and YOUNG, Senior U.S. District Judge for the District of Maryland, sitting by designation.

OPINION

MURNAGHAN, Circuit Judge:

Here we have an appeal from the decision of the United States District Court for the Northern District of West Virginia rendered December 3, 1990, granting the United Mine Workers of America Health & Retirement Fund's (the Fund's) motion for summary judgment and denying James Chicarelli's motion for summary judgment in a case brought by Chicarelli as a mine worker claiming disability entitling him to a pension from the...

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