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COX v. KEYSTONE CARBON CO.

No. 88-3163.

861 F.2d 390 (1988)

John H. COX, Appellant, v. KEYSTONE CARBON COMPANY, Richard Reuscher and William Reuscher.

United States Court of Appeals, Third Circuit.

Decided November 9, 1988.

Attorney(s) appearing for the Case

Joseph E. Altomare (argued), Altomare and Bernhart, Titusville, Pa., for appellant.

Gary H. McQuone (argued), David B. Fawcett, III, Buchanan Ingersoll, P.C., Pittsburgh, Pa., for appellees.

Before GIBBONS, Chief Judge, and SEITZ and HUTCHINSON, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

John H. Cox ("Cox" or "plaintiff") appeals from a final judgment of the district court dismissing his ERISA and state law claims. We have jurisdiction under 28 U.S.C. § 1291.

I. BACKGROUND

On November 5, 1979, Cox was hired by Keystone Carbon Company ("Keystone") to serve as its corporate controller at a starting salary of $40,000 per year. On March

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