DARLIN v. CONSOLIDATED RAIL CORP.

No. CIV. A. 99-CV-6604.

93 F.Supp.2d 599 (2000)

Jeffery DARLIN v. CONSOLIDATED RAIL CORPORATION.

United States District Court, E.D. Pennsylvania.

Order Denying Reconsideration, April 13, 2000.


Attorney(s) appearing for the Case

John E. Savoth, William L. Keller & Assoc., Philadelphia, PA, for Jeffrey Darlin, Plaintiffs.

Brian T. Ortelere, Michael J. Tierney, Pepper, Hamilton & Scheetz, Philadelphia, PA, for Consolidated Rail Corporation, Defendants.


MEMORANDUM

LUDWIG, District Judge.

Plaintiff Jeffery Darlin moves to remand this action to the Court of Common Pleas of Philadelphia, following removal premised on ERISA jurisdiction under 29 U.S.C. § 1001 et seq. Because the severance plan in question appears to qualify under ERISA as an "employee welfare benefit plan," 29 U.S.C. § 1002(1), the motion will be denied. Defendant Conrail moves to dismiss the complaint, Fed R. Civ. P...

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