Huge v. Old Home Manor, Inc.

MEMORANDUM

McCUNE, District Judge.

This case was tried non jury on August 11, 1976. The issue is whether the defendant, a coal operator, should be required to pay the usual and customary royalties to the Trustees of the United Mine Workers of America Health and Retirement Trusts on the tenth day of each and every month or whether the defendant has some leeway in making the payments required by the National Bituminous Coal Wage Agreement of December 6, 1974. That agreement requires that each signatory operator shall pay royalties based upon hours worked and coal mined to the Trustees by the…