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PPG INDUSTRIES PENSION PLAN A (CIO) v. CREWS

Nos. 89-2969, 89-2979.

902 F.2d 1148 (1990)

PPG INDUSTRIES PENSION PLAN A (CIO); Clyde McLane, Jr., in his capacity as an Administrator and fiduciary thereunder; PPG Industries, Incorporated, Plaintiffs-Appellees, v. Elvin J. CREWS; John L. Ware; Paul W. Carder; James H. Cutright, Intervening Defendants-Appellants, Nelson B. Robinson, Jr., in his capacity as Workers' Compensation Commissioner of West Virginia, Defendant. (Two Cases)

United States Court of Appeals, Fourth Circuit.

Decided May 9, 1990.

Attorney(s) appearing for the Case

Sterl Franklin Shinaberry (argued), Sterl F. Shinaberry & Associates, Charleston, W.Va., (Robert L. Stultz, Bradley R. Oldaker, Wilson & Bailey, Weston, W.Va., on brief), for intervening defendants-appellants.

Judith A. Lewis (argued), PPG Industries, Inc., Pittsburgh, Pa., (Lynne D. Schmidt, PPG Industries, Inc., Pittsburgh, Pa., Robert G. Steele, Clement D. Carter, Gordon H. Copland, Steptoe & Johnson, Clarksburg, W.Va., on brief), for plaintiffs-appellees.

Before HALL and WILKINSON, Circuit Judges, and ELLIS, United States District Judge for the Eastern District of Virginia, sitting by designation.

WILKINSON, Circuit Judge:

In this case we must decide whether ERISA preempts a state statute that purportedly prohibits a company from deducting the amount of pension benefits previously paid to a retiree from the amount of the retiree's subsequent retroactive award of workers' compensation. We must also determine whether the pension plan in issue authorizes this offset. The district court held that ERISA controls and that the plan permits the offset.

We affirm...

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