Lewis v. Kerns

STECKLER, Chief Judge.

This cause is before the Court on plaintiffs’ amended motion for summary judgment pursuant to Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A., directed to both plaintiffs’ second amended complaint and defendants’ amended counterclaim. A jury trial was demanded by defendants.

Plaintiffs, John L. Lewis, Henry G. Schmidt and Josephine Roche, as Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950 (hereinafter referred to as the Fund), an irrevocable trust created under the terms of the National Bituminous Goal Wage Agreement of 1950,…