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HUFF v. UMWA HEALTH AND RETIREMENT FUNDS

Civ. A. No. 5:91-0677.

797 F.Supp. 521 (1992)

Orville HUFF, Plaintiff, v. UNITED MINE WORKERS OF AMERICA, HEALTH AND RETIREMENT FUNDS, et al., Defendants.

United States District Court, S.D. West Virginia, Beckley Division.

September 3, 1992.

Attorney(s) appearing for the Case

Ray E. Ratliff, Jr., Charleston, W.Va., for plaintiff.

Mary Jane Pickens, Caldwell, Cannon-Ryan & Riffee, Charleston, W.Va., Andree M. St. Martin, Asst. Gen. Counsel, Glenda S. Finch, UMWA Health & Retirement Funds, Washington, D.C., for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are the parties' cross motions for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure. Response and reply briefs have been submitted, and now this matter is ripe for the Court's attention.

Huff is a former coal miner who was employed in the bituminous coal industry in West Virginia intermittently between the years of 1951 and 1983. Huff applied for pension...

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