KRASHNA v. OLIVER REALTY, INC.

No. 89-3282.

895 F.2d 111 (1990)

Matthew KRASHNA and Tamara D. Krashna, His Wife, Appellants, v. OLIVER REALTY, INC., Grant Building Inc., a/k/a Grant Building and Susan L. Niedbala.

United States Court of Appeals, Third Circuit.

Decided February 2, 1990.


Attorney(s) appearing for the Case

Joseph J. Hinchliffe (argued), Tarasi & Johnson, P.C., Pittsburgh, Pa., for appellants.

Mark R. Hornak (argued), Buchanan Ingersoll, Professional Corp., Pittsburgh, Pa., for Oliver Realty, Inc. and Susan Niedbala.

Before HIGGINBOTHAM, Chief Judge, STAPLETON and SCIRICA, Circuit Judges.


OPINION OF THE COURT

SCIRICA, Circuit Judge.

The issue presented by this appeal, in an action removed to federal court, is whether federal law (§ 301 of the Labor Management Relations Act) completely preempts a state law claim for interference with the right to benefits under The Pennsylvania Workmen's Compensation Act. Because we do not find complete preemption, we find the district court lacked removal jurisdiction. We will reverse the grant of summary...

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