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

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.