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AMERICAN TEL. & TEL. CO. v. MERRY

Nos. 450, 451, Dockets 78-7484, 78-7518.

592 F.2d 118 (1979)

AMERICAN TELEPHONE AND TELEGRAPH COMPANY and Chemical Bank, Plaintiffs-Appellants-Cross Appellees, v. Ann R. MERRY and Addison D. Merry, Defendants, Ann R. Merry, Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Second Circuit.

Decided January 29, 1979.

Attorney(s) appearing for the Case

Scott J. Macey, Saul Scheier, Basking Ridge, N. J., Maurice T. Fitzmaurice, Hartford, Conn. (Reid & Reige, P. C., Hartford, Conn., F. Mark Garlinghouse, New York City, and James A. DeBois, San Francisco, Cal., of counsel), for plaintiffs-appellants.

Whitman & Ransom, Greenwich, Conn. (Joseph Mitchell Kaye, William A. Phillips, Jennifer Boyd, and Michael R. Zients, Greenwich, Conn., of counsel), for defendant-appellee, cross-appellant Ann R. Merry.

M. Carr Ferguson, Asst. Atty. Gen., Washington, D. C. (William A. Friedlander, Leonard J. Henzke, Jr., Jo-Ann Horn, Washington, D. C., and Richard Blumenthal, U. S. Atty., New Haven, Conn., of counsel), for United States, amicus curiae.

Before MANSFIELD and OAKES, Circuit Judges, and WERKER, District Judge.

WERKER, District Judge:

This is an appeal from a judgment of the Connecticut District Court (Newman, J.), declaring that the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq. does not prohibit enforcement of a state court's garnishment order directed at pension payments to satisfy a spouse's court ordered support obligations, and dismissing without prejudice appellee's cross claim as not within the appropriate jurisdiction...

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