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PASCACK VALLEY HOSP. v. LOCAL 464A UFCW WELFARE

No. 03-4196.

388 F.3d 393 (2004)

PASCACK VALLEY HOSPITAL, INC.; Community Medical Center, (Lawrence Taylor, Debra Saverino) v. LOCAL 464A UFCW WELFARE REIMBURSEMENT PLAN Pascack Valley Hospital, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Filed November 1, 2004.

As Amended December 23, 2004.

Attorney(s) appearing for the Case

Shea H. Lukacsko, Keith R. McMurdy (Argued), Grotta, Glassman & Hoffman, Roseland, John Sydlar, Maloof, Lebowitz, Connahan & Oleske, Chatham, for Appellant.

John M. Agnello, Kerrie R. Heslin, Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein, Roseland, Michael T. Anderson (Argued), Davis, Cowell & Bowe, Washington, for Appellee.

Before ALITO, SMITH, and WALLACE, Circuit Judges.

ALITO, Circuit Judge, concurring in the judgment.

OPINION

SMITH, Circuit Judge.

This case presents a question of jurisdiction under the civil enforcement provision of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a). Pascack Valley Hospital (the "Hospital") sued the United Food and Commercial Workers International Union Local 464A, AFL-CIO Group Reimbursement Welfare Plan (the "Plan") in state court for breach of contract...

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