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COX v. KEYSTONE CARBON CO.

No. 89-3404.

894 F.2d 647 (1990)

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

United States Court of Appeals, Third Circuit.

Decided January 31, 1990.

Attorney(s) appearing for the Case

Joseph E. Altomare, Altomare & Barnhart, Titusville, Pa., for appellant.

Gary H. McQuone and David B. Fawcett, III, Buchanan Ingersoll, P.C., Pittsburgh, Pa., for appellee, Keystone Carbon Co.

Before SLOVITER, HUTCHINSON and COWEN, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) January 22, 1990.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This is the second time plaintiff's ERISA claim is before us on appeal. On the first appeal, we affirmed the district court's order denying plaintiff a jury trial on his claim under section 502(a)(3) of ERISA, 29 U.S.C. § 1132(a)(3), and directing a verdict in favor of defendant on plaintiff's claim of intentional infliction of emotional...

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