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SCALICE v. PA EMPLOYEES BENEFIT TRUST FUND

883 A.2d 429 (2005)

Robert John SCALICE, Appellant v. PENNSYLVANIA EMPLOYEES BENEFIT TRUST FUND, Appellee.

Supreme Court of Pennsylvania.

Decided September 28, 2005.

Attorney(s) appearing for the Case

James D. Belliveau, Pittsburgh, for Robert John Scalice, appellant.

Richard Kirschner, for Pennsylvania Employees Benefit Trust Fund (PEBTF), appellee.

Before: CAPPY, C.J., NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Chief Justice CAPPY.

This appeal raises a question under the Employee Retirement Income Security Act of 1974 ("ERISA" or "Act"), 29 U.S.C. § 1001 et seq. Specifically, we consider whether the Superior Court correctly affirmed the trial court's order granting summary judgment to Appellee Pennsylvania Employees Benefit Trust Fund ("PEBTF") on a counterclaim for subrogation. The grant of summary judgment was premised on the threshold...

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