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ALLEN v. HOLLAND

No. 5:96-0737.

36 F.Supp.2d 325 (1997)

Bud ALLEN, Jr., Plaintiff, v. Michael H. HOLLAND, et al., Defendants.

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

August 6, 1997.

Attorney(s) appearing for the Case

S.F. Raymond Smith, Rundle & Rundle, Pineville, WV, for Bud Allen, Jr., plaintiff.

Glenda S. Finch, UMWA Health & Retirement Funds, Office of General Counsel, Washington, DC, Mary Jane Pickens, Caldwell, Cannon-Ryan & Riffee, Charleston, WV, Jerry Mims, UMWA Health & Retirement Funds, Office of the General Counsel, Washington, DC, for Michael H. Holland, Donald E. Pierce, Jr., Elliot A. Segal, Joseph J. Stahl, II, defendants.

MEMORANDUM OPINION AND ORDER

HALLANAN, Senior District Judge.

This matter is before the Court via the parties' cross motions for summary judgment and memoranda in support thereof.

Having carefully reviewed the parties' motions, memoranda, and exhibits, the Court is now prepared to render its ruling.

I.

Plaintiff initiated this action to obtain benefits from Defendants under the terms of the United Mine Workers of America...

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