GRUBER v. HUBBARD BERT KARLE WEBER, INC.

No. 97-3477.

159 F.3d 780 (1998)

Robert GRUBER, Theresa Penza, on behalf of themselves and all others similarily situated including their dependents; Glenwood Beer Distributors, Inc.; Beechwood Industries, Inc., on behalf of themselves and all other employers similarily situated; Ralph Genovese; Al Chaney; Brian Miller, representative employee plaintiffs; Paramount Lists, Inc., as a representative employer plaintiff, v. HUBBARD BERT KARLE WEBER, INC.; John Gordon; J. Patrick Karle; Richard McClure; Ronald D. Maxwell; Timothy Mehl; William M. Hilbert; J. Boyd Bert, Jr.; C. John Weber, III; Buckley Hubbard; Buckley Hubbard, III, individually and as duly elected members of the Board of Directors of LEEA and/or officers of LEEA v. PENNSYLVANIA INSURANCE GUARANTY ASSOCIATION, Third-Party Defendant (D.C. Civil No. 85-00063E). WESTERN WORLD INSURANCE COMPANY, INC. and Tudor Insurance Company v. Buckley HUBBARD, Jr.; Buckley Hubbard, III; J. Boyd Bert, Jr.; J. Patrick Karle; C. John Weber; John Gordon; Richard McClure; Ronald D. Maxwell; Timothy Mehl; William Hilbert; Hamot Medical Center of the City of Erie, Pennsylvania, individually and on behalf of all others similarly situated; St. Joseph Riverside Hospital; Robert Gruber, individually and on behalf of all others similarly situated; and Glenwood Beer Distributors, Inc. individually and on behalf of all others similarly situated; Erie Indemnity Company; Industrial Insurance Company; Pennsylvania Insurance Guaranty Association; Lexington Insurance Company v. SAINT VINCENT HEALTH CENTER, (Intervenor in District Court) (D.C. Civil No. 87-00213E) Western World Insurance Company, Inc. and Tudor Insurance Company, Appellants.

United States Court of Appeals, Third Circuit.

Decided October 26, 1998.


Attorney(s) appearing for the Case

Susan Katz Hoffman (Argued), L. Suzanne Forbis, Pepper, Hamilton & Scheetz, Philadelphia, PA, for Appellants.

Craig A. Markham (Argued), Elderkin, Martin, Kelly & Messina, Erie, PA, for Appellees Robert Gruber, Theresa Penza, on behalf of themselves and all others similarly situated.

Richard W. Hosking, Kirkpatrick & Lockhart, Pittsburgh, PA, for Appellees Hubbard, Bert, Karle, Weber, Inc.; J. Patrick Karle; Boyd Bert; C. John Weber, III; and Buckley Hubbard, III.

James D. Morton, Buchanan Ingersoll Professional Corporation, Pittsburgh, PA, for Appellees John Gordon; Richard McClure; Ronald Maxwell; Timothy Mehl; and William Hilbert.

Edwin W. Smith, Ely & Smith, Erie, PA, for Appellee Hamot Medical Center, individually and on behalf of all others similarly situated.

Michael S. Jan Janin, Quinn, Buseck, Leemhuis, Toohey & Kroto, Erie, PA, for Appellee Saint Vincent Health Center.

BEFORE: SLOVITER, STAPLETON, and McKEE, Circuit Judges.


OPINION OF THE COURT

STAPLETON, Circuit Judge:

This is the fourth installment in this lengthy and tortuous insurance saga. The case has come back to us after we dismissed it because the district court had not adjudicated all the claims in one of the actions in the consolidated case. The district court has since issued an order dismissing all ERISA claims, denying appellant's petition for a declaratory judgment, and entering final judgment pursuant to Rule...

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