Matthew Krashna and Tamara D. Krashna, His Wife v. Oliver Realty, Inc., Grant Building Inc., A/K/A Grant Building and Susan L. Niedbala
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
SCIRICA, Circuit Judge.
The issue presented by this appeal, in an action removed to federal court, is whether federal law (§ 301 of the Labor Management Relations Act) completely preempts a state law claim for interference with the right to benefits under The Pennsylvania Workmen’s Compensation Act. Because we do not find complete preemption, we find the district court lacked removal jurisdiction. We will reverse the grant of summary judgment and remand to the district court with instructions to remand to the state court.
I
Matthew Krashna was employed by Oliver Realty as a…
2Cases cited9 opinions
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
- Lingle v. Norge Division of Magic Chef, Inc.Supreme Court of the United States · 1988
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- Commodore v. University Mechanical Contractors, Inc.Washington Supreme Court · 1992
- Bracken v. MatgouranisCourt of Appeals for the Third Circuit · 2002
- William R. Johnson v. Beatrice Foods Co.Court of Appeals for the Tenth Circuit · 1990
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