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LECKEY v. STEFANO

No. 00-3698.

263 F.3d 267 (2001)

Janice B. LECKEY; Janice B. Leckey, Executrix of the Estate of Evelyn O. Knapp, a/k/a Evelyn Olliffe Knapp, Deceased a/k/a Janice Burger Leckey, Appellants, v. Paul W. STEFANO; Frank W. Jones, Administrators of the Estate of William E. Knapp, Deceased, and Trustees of the Insurance Trust of William Knapp, Deceased.

United States Court of Appeals, Third Circuit.

Opinion Filed August 20, 2001.

Attorney(s) appearing for the Case

William R. Caroselli (Argued), Caroselli, Beachler, McTiernan & Conboy, Edward C. Leckey, Pittsburgh, PA, Counsel for Appellants.

Harry F. Kunselman, David A. Strassburger (Argued), Strassburger, McKenna, Gutnick & Potter, Pittsburgh, PA, Counsel for Appellees.

Before: SLOVITER, ALITO, and GREENBERG, Circuit Judges.

OPINION OF THE COURT

ALITO, Circuit Judge:

Plaintiffs brought suit under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., as amended by the Retirement Equity Act of 1984 ("REA"), Pub.L. No. 98-397, challenging distributions made by William Knapp ("William") from a Pension Plan and a Profit Sharing Plan without the consent of his wife, Evelyn Knapp ("Evelyn"). The District Court found that neither plan was...

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