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Shelby COLLINS v. UNITED MINE WORKERS OF AMERICA WELFARE AND RETIREMENT FUND OF 1950, W.A. Boyle, Josephine Roche, C.W. Da

LEVENTHAL, Circuit Judge:

This is an appeal from a judgment of the District Court ordering the appellant Fund to pay a pension to appellee Collins. Collins, like appellants in Roark et al. v. Boyle, 439 F.2d 497, decided today, had applied for a pension and been rejected on the ground that his last employment in the coal industry was not with a signatory employer. The District Court held this requirement invalid as being arbitrary and capricious. We affirm for the reasons set forth in our Roark opinion.

Affirmed.

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COLLINS v. UNITED MINE WKRS., WEL. RETIR
(Aug 14, 1970)