U.S. Court of Appeals for the D.C. Circuit, 1970

Shelby Collins v. United Mine Workers of America Welfare and Retirement Fund of 1950, W. A. Boyle, Josephine Roche, C. W. Davis, Trustees

Shelby Collins v. United Mine Workers of America Welfare and Retirement Fund of 1950, W. A. Boyle, Josephine Roche, C. W. Davis, Trustees
U.S. Court of Appeals for the D.C. Circuit · Decided August 14, 1970 · Wright, Leventhal, MacKinnon
439 F.2d 494; 74 L.R.R.M. (BNA) 3035 (Federal Reporter, Second Series)

Shelby Collins v. United Mine Workers of America Welfare and Retirement Fund of 1950, W. A. Boyle, Josephine Roche, C. W. Davis, Trustees

Opinion

LEVENTHAL, Circuit Judge:

This is an appeal from a judgment of the District Court ordering the appellant Fund to pay a pension to appellee Collins. Collins, like appellants in Roark et al. v. Boyle, 439 F.2d 497, decided today, had applied for a pension and been rejected on the ground that his last employment in the coal industry was not with a signatory employer. The District Court held this requirement invalid as being arbitrary and capricious. We affirm for the reasons set forth in our Roark opinion.

Affirmed.

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