Stong v. Bucyrus-Erie Co.

DECISION and ORDER

MYRON L. GORDON, District Judge.

This action is before me on the defendants’ motion to amend the order of this court, dated June 18, 1979, to permit an interlocutory appeal pursuant to 28 U.S.C. § 1292(b). In the June 18 order, I denied the defendants’ motion for dismissal and granted the plaintiffs’ motion for partial summary judgment, holding that the workers’ compensation offset provision in the defendants’ pension plan violated the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1053(a).

Before an order may be certified for review under § 1292(b) it must…