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PAPPAS v. ASBEL

555 Pa. 342 (1998)

724 A.2d 889

Basile PAPPAS and Theodora Pappas, H/W, Plaintiffs, v. David S. ASBEL, D.O., Defendant. Pennsylvania Hospital Insurance Co. (PHICO) and the Commonwealth of Pennsylvania Medical Professional Liability Catastrophe Loss Fund (Cat Fund), Defendants/Appellees, v. United States Healthcare Systems of Pennsylvania, Inc., Additional Defendant/Appellant.

Supreme Court of Pennsylvania.

Decided December 23, 1998.

Reargument Denied February 12, 1999.

Attorney(s) appearing for the Case

David H. Marion, Francis Patrick Newell, Philadelphia, for US Healthcare Systems of PA.

Stephen A. Ryan, for PA Hosp. Ins. & Commonwealth.

James E. Colleran, Philadelphia, for Basile and Theodora Pappas.

James I. Devine, Philadelphia, for David S. Asbel, D.O.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, and NEWMAN, JJ.

OPINION OF THE COURT

CAPPY, Justice.

This is an appeal from the order of the Superior Court reversing the trial court's entry of summary judgment in favor of third-party defendant United States Healthcare Systems of Pennsylvania, Inc. ("U.S. Healthcare"). The issue on which this court granted allocatur is whether the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001, et seq.,

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