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FOX v. CONSOLIDATED RAIL CORP.

No. 83-5666.

739 F.2d 929 (1984)

Paul F. FOX and Morris S. Exler on behalf of themselves and all other similarly situated persons who within six years before the filing of this action were employees of Consolidated Rail Corp. and who while employees obtained settlements with the Defendant in which supplemental sick payments were setoff against the settlement, Appellants, v. CONSOLIDATED RAIL CORPORATION, themselves and on behalf of all other railroads comprising the National Carriers' Conference Committee and participating in the National Supplemental Sickness Benefit Plan issued by Provident Life and Accident Insurance Company, Appellee.

United States Court of Appeals, Third Circuit.

Decided July 20, 1984.

Attorney(s) appearing for the Case

Barry M. Simpson, Brennan, Robins & Daley, Pittsburgh, Pa., for appellants.

Benjamin W. Boley, William F. Sheehan, David M. Brenner, Shea & Gardner, Washington, D.C., Michael W. Burns, Joseph S.D. Christof, Dickie, McCamey & Chilcote, Pittsburgh, Pa., for appellee.

Before ALDISERT, Chief Judge, and WEIS and ROSENN, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) April 27, 1984.

OPINION OF THE COURT

ALDISERT, Chief Judge.

In this case of first impression, we must decide whether plaintiffs have presented a claim for which relief could be granted in seeking to have a federal district court reopen Federal Employers' Liability Act cases originally brought, and thereafter settled, in the Pennsylvania state courts. Prior to payment of the agreed upon settlement amount, the...

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