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LESTER v. UNITED MINE WORKERS OF AMERICA HEALTH AND RETIREMENT FUND

Civil Action No. 298-0725.

40 F.Supp.2d 800 (1999)

Robert K. LESTER, Plaintiff, v. UNITED MINE WORKERS OF AMERICA HEALTH AND RETIREMENT FUND; Paul R. Dean; Joseph P. Connors, Sr.; William B. Jordan; William Miller; and Donald E. PIERCE, Jr., Trustees of the 1974 Pension Trust, Defendants.

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

February 17, 1999.

Attorney(s) appearing for the Case

Wendle D. Cook, Cook & Cook, Madison, WV, for plaintiff.

Mary Jane Pickers, Shari Collias, Susan Cannon, Ryan-Caldwell, Cannon-Ryan & Riffee, Charleston, WV, Glenda S. Finch, Matilda A. Broadnux, JMWA Health & Retirement Funds, Washington, DC, for defendants.

MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

Pending before the Court are cross-motions for summary judgment. Both parties argue that they are entitled to judgment as a matter of law because no genuine issue of material fact exists as to whether the defendants, trustees of the United Mine Workers of America's (UMWA) 1974 Pension Plan (Pension Plan), abused their discretion in denying the plaintiff, Robert Lester, disability benefits under the Pension...

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