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SMITH v. PROVIDENT BANK

No. 97-4151.

170 F.3d 609 (1999)

Jane L. SMITH, Executrix of the Estate of Robert Louis Stauter; Emergency Professional Services, Inc., Employees' Profit Sharing Trust and Plan; Emergency Professional Services, Inc., Employees' Money Purchase Pension Trust and Plan, Plaintiffs-Appellants, v. PROVIDENT BANK; Cowen & Company; Ray Rossman, Sr.; Ray Rossman, Jr.; James Cambron; Star Bank; Catholic Diocese of Cleveland; John Doe I — III, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 18, 1999.

Attorney(s) appearing for the Case

Martin F. White (argued and briefed), James J. Crisan (briefed), Warren, OH, for Plaintiffs-Appellants.

Deborah DeLong (briefed), Thompson, Hine & Flory, Cincinnati, OH, for Provident Bank and James Cambron.

Arthur M. Kaufman (briefed), Hahn, Loeser & Parks, Cleveland, OH, for Cowen & Company.

Timothy L. McGarry (briefed), Jeffrey L. Nischwitz (argued and briefed), Nischwitz, Pembridge & Chriszt Co., Cleveland, OH, for Ray Rossman, Sr and Ray Rossman, Jr.

Deborah S. Brenneman (briefed), Thompson, Hine & Flory, Cincinnati, OH, Timothy L. McGarry, Jeffrey L. Nischwitz, Nischwitz, Pembridge & Chriszt Co., Cleveland, OH, for Star Bank.

Edward J. Maher (briefed), Edward J. Maher Co., Cleveland, OH, Deborah S. Brenneman, Thompson, Hine & Flory, Cincinnati, OH, for Catholic Diocese of Cleveland.

Before: GUY, DAUGHTREY, and MOORE, Circuit Judges.

MOORE, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. GUY, J. (p. 617), delivered a separate opinion concurring in part and dissenting in part.

MOORE, Circuit Judge.

The plaintiffs in this case filed an ERISA action in federal court and two years later filed an action in state court making essentially the same allegations but seeking relief under state law. The latter case was removed and consolidated with the original federal suit...

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