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O'QUINN v. TRUSTEES, UMWA HEALTH AND RETIREMENT

No. CIV.A. 104CV00016.

395 F.Supp.2d 387 (2005)

Ralph O'QUINN, Plaintiff/Beneficiary, v. TRUSTEES, UMWA HEALTH AND RETIREMENT FUND, Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

October 14, 2005.

Attorney(s) appearing for the Case

John M. Lamie, Mary C. Hendricks, Browning Lamie and Gifford, Abingdon, VA, for Plaintiff.

Michele Schoeppe, Office of the General Counsel, United Mineworkers of America, Washington, DC, Charlie Richard Jessee, Jessee, Read & Ely, Abingdon, VA, for Defendant.

MEMORANDUM OPINION

GLENN M. WILLIAMS, Senior District Judge.

The plaintiff, Ralph O'Quinn, filed a complaint to recover benefits that he alleges are owed to him under the terms of the United Mine Workers of America, ("UMWA"), 1974 Pension Plan, the successor to the UMWA 1950 Welfare Fund. This matter is before the court on plaintiff's motion for summary judgment, (Docket Item No. 11), and defendants' motion for summary judgment, (Docket Item No. 15...

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