Legal Opinion

Pierce v. United Mine Workers of America Welfare & Retirement Fund for 1950 & 1974

Court of Appeals for the Sixth Circuit

Decided August 26, 1985No. 84-5852PublishedCited by 73 opinions

1Opinion of the Court

MERRITT, Circuit Judge.

In this pension fund benefits case, the Trustees of the United Mine Workers of America Welfare and Retirement Fund of 1950 argue on appeal that the District Court erred both in granting the plaintiffs motion under Fed.R.Civ.P. 60(b)(2) and (6) and in holding that the Trustees’ denial of plaintiff’s pension claim was not supported by substantial evidence. We hold that the District Court abused its discretion in granting plaintiff’s Rule 60(b) motion and, therefore, reverse the judgment of the District Court.

Plaintiff is a former coal miner who worked in the coal industry…

2Cases cited10 opinions

  1. Seven Elves, Incorporated v. Jack S. Eskenazi, Esko Industries, Inc., Gary Liebman and Jack RibackCourt of Appeals for the Fifth Circuit · 1981
  2. Robert James Lubben v. Selective Service System Local Board No. 27Court of Appeals for the First Circuit · 1972
  3. Vick Griffin, D/B/A Griffin Construction Co. v. Swim-Tech Corporation, a Foreign CorporationCourt of Appeals for the Eleventh Circuit · 1984
  4. Edward A. Ashford v. Charles Steuart, Don Erby, Ray Beaman, Steve Stedfelt, and Maynard RossCourt of Appeals for the Ninth Circuit · 1981
  5. In the Matter of Emergency Beacon Corporation, Debtor. Montco, Inc. v. Harvey S. BarrCourt of Appeals for the Second Circuit · 1981

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3Cited by73 opinions

  1. Frank Olle, Jr. Automatic Press Corporation and James W. Cato v. The Henry & Wright CorporationCourt of Appeals for the Sixth Circuit · 1990
  2. Mallory v. EyrichCourt of Appeals for the Sixth Circuit · 1991
  3. Mary Hopper v. Euclid Manor Nursing Home, Inc.Court of Appeals for the Sixth Circuit · 1989
  4. United States v. Juan Reyes, Juan A. Acevedo, Claimant-AppellantCourt of Appeals for the Sixth Circuit · 2002
  5. In Re Abu-Ali Abdur'rahman, Movant. Abu-Ali Abdur'rahman v. Ricky Bell, WardenCourt of Appeals for the Sixth Circuit · 2004

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