EMMENEGGER v. BULL MOOSE TUBE CO.

No. 4:96CV1095 CDP.

953 F.Supp. 292 (1997)

Charles E. EMMENEGGER, et al., Plaintiffs, v. BULL MOOSE TUBE CO., et al., Defendants.

United States District Court, E.D. Missouri, Eastern Division.

January 27, 1997.


Attorney(s) appearing for the Case

David W. Harlan, Melanie R. King, Gallop and Johnson, St. Louis, MO, for plaintiffs Charles E. Emmenegger, Robert F. Ritzie, James E. Riley.

James R. Dankenbring, Francis E. Pennington, III, Dankenbring and Greiman, St. Louis, MO, for defendants Bull Moose Tube Company, Caparo, Inc., Bull Moose Tube, Ltd. and Swraj Paul.


MEMORANDUM AND ORDER

PERRY, District Judge.

This matter is before the Court on defendants' motion to dismiss for lack of subject matter jurisdiction. Plaintiffs allege that this Court has ERISA jurisdiction over six of their counts, and that the remaining count is within the Court's supplemental jurisdiction. Defendants urge that neither the "Phantom Stock Plan" nor the severance policy alleged by the complaint are employee benefit plans covered by...

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