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LECKEY v. STEFANO

Nos. 06-2483, 06-3161, 06-3162.

501 F.3d 212 (2007)

Janice B. LECKEY; Janice B. Leckey, Executrix of the Estate of Evelyn O. Knapp, a/k/a Evelyn Olliffe Knapp, Deceased also known as Janice Burger Leckey, Appellant 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 31, 2007.

Attorney(s) appearing for the Case

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

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

Mary Beth Buchanan, United States Attorney, Eileen J. O'Connor, Assistant Attorney General, Kenneth L. Greene, Esquire, Michelle B. Smalling, Esquire (Argued), Department of Justice, Tax Division, Washington, D.C., Counsel for Amicus Curiae, Commission of Internal Revenue.

Before: McKEE and AMBRO, Circuit Judges, ACKERMAN, District Judge.

OPINION OF THE COURT

AMBRO, Circuit Judge.

This is a battle for William Knapp's estate. It is in federal court because he kept much of his wealth in employee benefit trusts that were subject to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461. Boiled down, plaintiff Janice Leckey, on behalf of herself and the estate of her deceased mother Evelyn Knapp (who initiated this suit before she died), claims that both...

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