Floyd Gomez v. John L. Lewis, Josephine Roche and Henry Schmidt, Trustees of the United Mines Workers of America Welfare and Retirement Fund

OPINION OF THE COURT

STALEY, Circuit Judge.

This is an appeal from the grant of summary judgment to appellees by the District Court for the Western District of Pennsylvania. Appellant, Floyd Gomez, had instituted this action to review a decision by appellees, John L. Lewis, Josephine Roche and Henry Schmidt, 1 Trustees of the United Mine Workers of America Welfare and Retirement Fund, that he was ineligible for the pension benefits for which he had applied.

The facts were stipulated by the parties in the district court and cannot be disputed here. Appellant is now 71 years of age, having been…