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YATES v. UMWA 1974 PENSION PLAN

No. 05-2224.

471 F.3d 514 (2006)

Leslie O. YATES, Plaintiff-Appellee, v. UMWA 1974 PENSION PLAN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 4, 2006.

Attorney(s) appearing for the Case

ARGUED: Kathleen Marie Dowd, United Mine Workers of America, Health and Retirement Funds, Washington, D.C., for Appellant. Jeffrey Lynn Elkins, Adkins, Elkins & Hunnicutt, P.C., Norton, Virginia, for Appellee. ON BRIEF: Glenda Sullivan Finch, Deputy General Counsel, United Mine Workers of America, Health and Retirement Funds, Washington, D.C., for Appellant.

Before MICHAEL, Circuit Judge, N. CARLTON TILLEY, JR., Chief United States District Judge for the Middle District of North Carolina, sitting by designation, and THOMAS E. JOHNSTON, United States District Judge for the Southern District of West Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge MICHAEL wrote the opinion, in which Judge TILLEY and Judge JOHNSTON joined.

OPINION

MICHAEL, Circuit Judge:

The Trustees of the United Mine Workers of America (UMWA) 1974 Pension Plan (1974 Pension Plan or Plan) denied Leslie Yates service credit on his pension for years when his employer, Erwin Supply and Hardware Company, Inc. (Erwin Supply), was not a signatory to a collective bargaining agreement...

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