Boyle v. North Atlantic Coal Corporation

OPINION

TEITELBAUM, District Judge.

This two count action was brought on behalf of the United Mine Workers of America Welfare and Retirement Fund of 1950, to recover royalty payments alleged to be due and owing the Fund by the defendant, North Atlantic Coal Corporation. Underlying the action are two National Bituminous Coal Wage Agreements between the United Mine Workers of America and the defendant. Count I alleges that the defendant is in default on a promissory note representing the royalties due on the coal produced by the defendant from the period October 7, 1966 to March 1, 1967. Count II…