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EPRIGHT v. ENVIRONMENTAL RESOURCES MANAGEMENT

No. 95-1110.

81 F.3d 335 (1996)

Charles John EPRIGHT, Appellant, v. ENVIRONMENTAL RESOURCES MANAGEMENT, INC. HEALTH AND WELFARE PLAN; ERM Enviroclean; Noble Lowndes/Johnson, Administrator; John Doe Trustees, 1 through 10 in their capacity as Trustees of the Environmental Management, Inc. Health and Welfare Plan; Chief Financial Officer, Environmental Resources Management, Inc.

United States Court of Appeals, Third Circuit.

Decided February 16, 1996.

Attorney(s) appearing for the Case

Louis Agre (argued), North Philadelphia, PA, Loralee Choman, Wilkes-Barre, PA, for Appellant.

Michael F. Kraemer (argued), Debbie Rodman Sandler, White and Williams, Philadelphia, PA, for Appellees.

Wayne R. Berry, United States Department of Labor, Plan Benefits Security Division, Washington, DC, for Amicus-appellant.

Before: BECKER and SCIRICA, Circuit Judges, and COHILL, District Judge.

OPINION OF THE COURT

COHILL, Senior District Judge.

I. Jurisdiction

Here we consider the appeal from an Order of the United States District Court for the Eastern District of Pennsylvania entering judgment against the appellant/plaintiff, Charles John Epright. Mr. Epright is a former employee of the defendant/appellee, ERM Enviroclean, Inc. ("ERM"), a corporation with its principal place of business in West Chester, Pennsylvania. Mr. Epright...

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