Legal Opinion

Lewis v. Harcliff Coal Company

District Court, W.D. Pennsylvania

Decided January 7, 1965No. Civ. A. 63-879PublishedCited by 21 opinions

1Opinion of the Court

DUMBAULD, District Judge.

Plaintiffs are trustees of the Welfare and Retirement Fund of the United Mine Workers of America and sue for royalty claimed by reason of production of coal by defendants during the period October 1, 1957-September 30, 1963.

Defendants in their answer set up nineteen defenses. These restate in different forms defendants’ basic contention, that when they signed the contracts giving rise to the royalties claimed the UMWA organizer knew they were not able to pay the royalty stipulated and told them that it would be all right if they just paid whatever they could or felt…

2Cases cited4 opinions

  1. Sola Electric Co. v. Jefferson Electric Co.Supreme Court of the United States · 1942
  2. Lewis v. Benedict Coal Corp.Supreme Court of the United States · 1960
  3. Lubrecht v. Laurel Stripping Co.Supreme Court of Pennsylvania · 1956
  4. Lewis v. MearsCourt of Appeals for the Third Circuit · 1962

3Cited by21 opinions

  1. Trustees of Atlanta Iron Workers Local 387 Pension Fund v. Southern Stress Wire Corp.District Court, N.D. Georgia · 1981
  2. Boyle v. North Atlantic Coal CorporationDistrict Court, W.D. Pennsylvania · 1971
  3. Shaw v. Northwest Truck Repair, Inc.Oregon Supreme Court · 1975
  4. Lewis v. Seanor Coal CompanyDistrict Court, W.D. Pennsylvania · 1966
  5. Pio v. KellyOregon Supreme Court · 1976

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