BOASE v. LEE RUBBER & TIRE CORPORATION

Nos. 18707, 18708.

437 F.2d 527 (1970)

T. C. BOASE, James C. Carlin, George L. Smith and Alex Watson, on behalf of themselves and all others similarly situated, Appellants, v. LEE RUBBER & TIRE CORPORATION v. Daniel N. HANDY, Robert M. Brasaemle, Elden E. Leach, and Arthur H. Nellen, Third-Party Defendants, Ernest M. Ikirt et al., Intervening Plaintiffs. Leo R. HOWLEY, Ralph W. Hawkins and Lawrence S. Anderson on behalf of themselves and all others similarly situated, Appellants v. LEE NATIONAL CORPORATION, formerly known as Lee Rubber & Tire Corporation, Harry H. Beard et al., Intervening Plaintiffs.

United States Court of Appeals, Third Circuit.

Decided December 29, 1970.

Rehearing Denied February 11 and March 24, 1971.


Attorney(s) appearing for the Case

Martin A. Heckscher, Duane, Morris & Heckscher, Philadelphia, Pa. (John B. Martin, Henry T. Reath, Duane, Morris & Heckscher, Philadelphia, Pa., on the brief), for appellants.

Edwin P. Rome, Blank, Rome, Klaus & Comisky, Philadelphia, Pa. (Goncer M. Krestal, Philadelphia, Pa., on the brief), for appellees.

Before GANEY, VAN DUSEN and ALDISERT, Circuit Judges.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

These diversity appeals, which challenge the validity of a termination clause in a pension plan, require that we predict, in the absence of holdings directly on point, a choice of law ruling by the Pennsylvania Supreme Court and a substantive law determination by the state to which we are referred.

In 1943, Lee Rubber and Tire Corporation1 executed an agreement of trust which...

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