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RYAN BY CAPRIA-RYAN v. FEDERAL EXPRESS CORP.

No. 95-5180.

78 F.3d 123 (1996)

Theresa Lyn RYAN, An infant by her Guardian Ad Litem, Alberta CAPRIA-RYAN; Gregory L. Ryan, Jr., An infant by his Guardian Ad Litem, Alberta Capria-Ryan; Brigid Ryan, An infant by her Guardian Ad Litem, Alberta Capria-Ryan; Alberta Capria-Ryan, Individually; Gregory L. Ryan, Individually v. FEDERAL EXPRESS CORPORATION, Appellant.

United States Court of Appeals, Third Circuit.

Decided March 14, 1996.

Attorney(s) appearing for the Case

Leonard A. Wolkstein, Gutterman, Wolkstein, Klinger & Yohalem, Westfield, New Jersey, for Appellees.

Elizabeth C. Smith, Federal Express Corporation, Memphis, TN, for Appellant.

Before: COWEN and McKEE, Circuit Judges and POLLAK, District Judge.

Submitted Pursuant to Third Circuit LAR 34.1(a) January 25, 1996.

OPINION OF THE COURT

COWEN, Circuit Judge.

In this case we must decide the extent of the power of federal courts to develop federal common law in cases involving the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461. Specifically, is such power sufficiently broad to permit the district court to override a subrogation provision in an ERISA-regulated...

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