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LIVOLSI v. RAM CONST. CO., INC.

No. 83-5143.

728 F.2d 600 (1984)

Peter J. LIVOLSI, and Albert W. Betler, on behalf of the Laborers' District Council of Western Pennsylvania Welfare and Pension Funds, and as agents for the Construction Industry Advancement Program of Western Pennsylvania Advancement Fund, the Western Pennsylvania Heavy and Highway Construction Advancement Program Fund and the Laborers' District Council of Western Pennsylvania and its affiliated local unions, Appellants, v. RAM CONSTRUCTION CO., INC., John Lastooka and Fred Scholl, Appellees.

United States Court of Appeals, Third Circuit.

Decided February 23, 1984.

Attorney(s) appearing for the Case

Richard E. Gordon, Howard Grossinger, Pittsburgh, Pa., for appellants.

James Pellow, Hanna & Assoc., Large, Pa., for appellees.

Before ADAMS and BECKER, Circuit Judges, and NEWCOMER, District Judge

Submitted Under Third Circuit Rule 12(6) November 16, 1983.

OPINION OF THE COURT

BECKER, Circuit Judge.

This is an unopposed appeal by plaintiffs from an order of the district court refusing to hold defendants in contempt for alleged breaches of an ERISA consent order. The district court denied relief on grounds that the state courts had concurrent jurisdiction and that certain factors made federal abstention...

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