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HURLEY v. HOLLAND

Civil Action No. 2:95-1032.

929 F.Supp. 977 (1996)

Ronald L. HURLEY, Plaintiff, v. Michael H. HOLLAND, et al., Defendants.

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

June 20, 1996.

Attorney(s) appearing for the Case

Richard G. Rundle and S.F. Raymond Smith, Rundle & Rundle, Pineville, WV, for plaintiff.

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

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are the parties' cross motions for summary judgment. After careful consideration of the parties' submissions and the record, the Court GRANTS Defendants' (the Trustees') motion for summary judgment and DENIES Plaintiff's motion for summary judgment.

I. DISCUSSION

A. Factual and Procedural Development:

Plaintiff Ronald L. Hurley is...

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