Legal Opinion
Lewis v. Lowry
Court of Appeals for the Fourth Circuit
Decided September 16, 1961No. 8298PublishedCited by 28 opinions
1Opinion of the Court
HAYNSWORTH, Circuit Judge.
Summary judgment was entered for the plaintiffs in this suit by the Trustees for the Welfare and Retirement Fund of 1950 (United Mine Workers of America) against a mine operator for “royalty” payments at the rate of forty cents per ton of coal mined by the defendant.1 We think the summary judgment was inappropriate in the light of the factual issues tendered.
From May 1955 to August 1958 the defendant was engaged in a strip mining operation in Harlan County, Kentucky. He employed three or four men at a time *198in the operation, and 'during the entire period seven…
2Cases cited5 opinions
- Burke v. DulaneySupreme Court of the United States · 1894
- Lewis v. MearsCourt of Appeals for the Third Circuit · 1961
- Rock-Ola Manufacturing Corporation v. Dan M. WertzCourt of Appeals for the Fourth Circuit · 1960
- Lewis v. MearsDistrict Court, W.D. Pennsylvania · 1960
- Lewis v. LowryDistrict Court, W.D. Virginia · 1960
3Cited by28 opinions
- William Waggoner v. Robert Lee DallaireCourt of Appeals for the Ninth Circuit · 1981
- Lewis v. Seanor Coal Co.Court of Appeals for the Third Circuit · 1967
- Lewis v. OwensCourt of Appeals for the Sixth Circuit · 1964
- Food Handlers Local 425 of the Amalgamated Meat Cutters and Butcher Workmen of North America, Afl--Cio v. Valmac Industries, Inc.Court of Appeals for the Eighth Circuit · 1975
- Boyle v. North Atlantic Coal CorporationDistrict Court, W.D. Pennsylvania · 1971
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