UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-2226

THOMAS C. AUXIER, Plaintiff - Appellant, versus UNITED MINE WORKERS OF AMERICA 1974 PENSION TRUST; MICHAEL H. HOLLAND; ELLIOT A. SEGAL; JOSEPH J. STAHL, II, Trustee; DONALD E.

PIERCE, JR., Defendants - Appellees.

Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Charleston. John T. Copenhaver, Jr., District Judge. (CA-94-1078-2)

Submitted: April 17, 1997 Decided: April 24, 1997 Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Thomas C. Auxier, Appellant Pro Se. Glenda Sullivan Finch, Robert Duane Valer, UNITED MINE WORKERS OF AMERICA, Washington, D.C., for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant appeals the district court's order dismissing his action. We have reviewed the record and the district court's opin- ion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Auxier v. UMWA 1974 Pension Trust, No. CA-94-1078-2 (S.D.W. Va. Aug. 6, 1996). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED