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U.S. STEEL CORP. PLAN FOR EMP. INS. v. MUSISKO

Nos. 89-3161, 89-3162.

885 F.2d 1170 (1989)

UNITED STATES STEEL CORPORATION PLAN FOR EMPLOYEE INSURANCE BENEFITS; USX Corporation, as plan sponsor; United States Steel and Carnegie Pension Fund, plan administrator; and United States Steel Insurance Benefit Trust Fund v. Glenn MUSISKO and All Others Similarly Situated to Glenn Musisko, and The Honorable Silvestri Silvestri in his official capacity as Judge of the Court of Common Pleas of Allegheny County, Pennsylvania. Appeal of Glenn MUSISKO, and all others similarly situated to Glenn Musisko, Appellant in No. 89-3161. Appeal of The Honorable Silvestri SILVESTRI, Appellant in No. 89-3162.

United States Court of Appeals, Third Circuit.

Decided September 21, 1989.

Attorney(s) appearing for the Case

Joseph M. Zoffer (argued), Zoffer, Dillman, Hackney, Friedman & Wedner, Pittsburgh, Pa., for appellants, Glenn Musisko and all others similarly situated.

Howard M. Holmes (argued) and Charles W. Johns, Philadelphia, Pa., for appellant, the Honorable Silvestri Silvestri.

Martha Hartle Munsch (argued) and Beth L. Balzer, Reed Smith Shaw & McClay and James T. Carney, USX Corp., Pittsburgh, Pa., for appellees.

Before STAPLETON, SCIRICA and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

This appeal challenges a United States District Court's entry of an injunction and declaratory judgment directing a state court to apply federal law in a pending lawsuit. The state court action is a claim for benefits due under a welfare plan assertedly within the ambit of the Federal Employee Retirement Income Security Act (ERISA). We conclude that in the circumstances here the district court's orders are barred...

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