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BROGAN v. HOLLAND

Civ. A. No. 2:95-0143.

908 F.Supp. 363 (1995)

Zeffie R. BROGAN, Plaintiff, v. Michael H. HOLLAND, et al.

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

December 13, 1995.

Attorney(s) appearing for the Case

Robert B. Wilson, Charleston, WV, for plaintiff.

Matilda A. Brodnax and Glenda S. Finch, UMWA Health & Retirement Funds, Office of the General Counsel, Washington, DC, Mary Jane Pickens, Shari L. Collias and Susan Cannon-Ryan, Caldwell, Cannon-Ryan & Riffee, Charleston, WV, for defendants.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are the cross motions of the parties for summary judgment.1

THE PENSION PLAN

Mr. Brogan seeks disability retirement benefits from the United Mine Workers of America 1974 Pension Trust. He applied for a disability pension based on a stroke that allegedly occurred while he was working in the mines on the nightshift of December 17 and 18, 1986. The...

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