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DONOVAN v. DILLINGHAM

No. 80-7879.

668 F.2d 1196 (1982)

Raymond J. DONOVAN, Secretary of the United States Department of Labor, Plaintiff-Appellant-Cross Appellee, v. C. H. DILLINGHAM, C. H. Dillingham, III, W. Lamar Mathis, National Administrators, Inc., and Time Control, Inc., Defendants-Appellees-Cross Appellants.

United States Court of Appeals, Eleventh Circuit.

Opinion on Rehearing and Rehearing April 20, 1982.

Attorney(s) appearing for the Case

Margaret M. Topps, Norman P. Goldberg, Louis L. Joseph, Edward A. Scallet, U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellant-cross appellee.

Lloyd A. Fox, Law Firm of Stokes & Shapiro, Atlanta, Ga., for defendants-appellees-cross appellants.

Before GODBOLD, Chief Judge, RONEY and WOOD, Circuit Judges.

Opinion on Rehearing and Rehearing En Banc April 20, 1982.

GODBOLD, Chief Judge:

The district court held that this ERISA case1 is controlled by Taggart Corp. v. Life & Health Benefits Administration, 617 F.2d 1208 (5th Cir. 1980), cert. denied sub nom. Taggart Corp. v. Efros, 450 U.S. 1030, 101 S.Ct. 1739, 68 L.Ed.2d 225 (1981) and dismissed for lack of subject matter jurisdiction...

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