Lewis v. Premium Darby Coal Corp.

DALTON, Chief Judge.

This case is one which presents substantially the same issues as that of the case of Lewis et al. v. Lowry, D.C., 190 F.Supp. 490, considered along with this case and decided the same date, and the opinion in the Lowry case may be read in connection with this decioion.

*494Premium Darby Coal Corporation, like the Lowry Coal Company, had entered into an agreement with the plaintiffs, as Trustees of the Fund, which provided for a payment into the Fund of 400 per ton on each ton produced for use or for sale. The plaintiffs brought an action on this agreement, the National…