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FOTTA v. TRUSTEES OF UNITED MINE WORKERS

Nos. 97-3619, 97-3663.

165 F.3d 209 (1998)

Abraham FOTTA, individually and on behalf of all other persons similarly situated, Appellant/Cross-Appellee v. TRUSTEES OF THE UNITED MINE WORKERS OF AMERICA, HEALTH AND RETIREMENT FUND OF 1974; Michael Holland; Donald Pierce; Elliott Segal; Joseph Stahl, II, Abraham Fotta, individually and on behalf of all other persons similarly situated, v. Trustees of the United Mine Workers of America, Health and Retirement Fund of 1974; Michael H. Holland; Donald E. Pierce; Elliott A. Segal; Joseph Stahl, II, Trustees of the United Mine Workers of America 1974 Pension Trust; Michael Holland; Donald Pierce; Elliott Segal and Joseph Stahl, Appellees/Cross-Appellants

United States Court of Appeals, Third Circuit.

Decided December 18, 1998.

Attorney(s) appearing for the Case

Peter M. Suwak (Argued), Washington, PA, for Appellant/CrossAppellee.

Glenda S. Finch, Deputy General Counsel, Christopher F. Clarke (Argued), Assistant General Counsel, UMWA Health and Retirement Funds, Office of the General Counsel, Washington, DC, for Appellees/CrossAppellants.

Before: SLOVITER, SCIRICA and ALITO, Circuit Judges

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This appeal calls upon us to decide whether the beneficiary of an employee plan may bring an action under the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. ("ERISA") against the plan to recover interest on benefits the plan paid after some delay, but without the beneficiary's having sued under ERISA for the benefits. Relying on both ERISA and state-law theories, Abraham Fotta brought...

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