NORTHEAST DEPT. ILGWU v. TEAMSTERS LOCAL U. NO. 229

No. 84-5036.

764 F.2d 147 (1985)

NORTHEAST DEPARTMENT ILGWU HEALTH AND WELFARE FUND and Sol Hoffman, Appellees, v. TEAMSTERS LOCAL UNION NO. 229 WELFARE FUND, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 23, 1985.


Attorney(s) appearing for the Case

Charles W. Johnston (argued), Handler, Gerber, Johnston, Strokoff & Cowden, Harrisburg, Pa., for appellees.

Robert D. Mariani (argued), Mariani & Greco, Scranton, Pa., for appellant.

Before SLOVITER and BECKER, Circuit Judges, and FULLAM, District Judge.


OPINION OF THE COURT**

BECKER, Circuit Judge.

This appeal, arising from a dispute between two employee benefit plans existing under the Employee Retirement Income Security Act, 29 U.S.C. §§ 1002(1) & (3) (ERISA), presents two difficult questions. The first concerns the existence of federal subject matter jurisdiction. The second, a classic insurance coverage question, requires us to determine which of the two ERISA...

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