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SARGENT v. HOLLAND

No. 96-1823.

114 F.3d 33 (1997)

Roger L. SARGENT, Plaintiff-Appellant, v. Michael H. HOLLAND; Marty D. Hudson; Elliot A. Segal and Joseph J. Stahl, II, as Trustees of the United Mine Workers Of America 1974 Benefit Plan And Trust, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 22, 1997.

Attorney(s) appearing for the Case

ARGUED: Roger Daniel Forman, Forman & Crane, L.C., Charleston, West Virginia, for Appellant. Jo Ann Christina Petroziello, Senior Associate Counsel, Office of the General Counsel, UMWA Health And Retirement Funds, Washington, D.C., for Appellees. ON BRIEF: Robert B. Wilson, Charleston, West Virginia, for Appellant. Glenda S. Finch, Deputy General Counsel, Office of the General Counsel, UMWA Health And Retirement Funds, Washington, D.C., for Appellees.

Before WILKINSON, Chief Judge, WIDENER, Circuit Judge, and DUFFY, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed by published opinion. Chief Judge WILKINSON wrote the majority opinion, in which Judge WIDENER joined. Judge DUFFY wrote a dissenting opinion.

OPINION

WILKINSON, Chief Judge:

After injuring his back and leg while working in a coal mine, Roger Sargent applied for disability benefits from the United Mine Workers of America (UMWA) 1974 Pension Trust. The Trustees denied Sargent benefits on the grounds that at the time of the accident he was...

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