Legal Opinion

O'BRIEN v. Sperry Univac

District Court, District of Columbia

Decided October 19, 1978No. Civ. A. 78-0257PublishedCited by 17 opinions

1Opinion of the Court

MEMORANDUM

CHARLES R. RICHEY, District Judge.

This case is before the Court on the defendants’ motion to dismiss. Defendants argue that count I (the ERISA claim) should be dismissed because the court lacks subject matter jurisdiction under 29 U.S.C. § 1132; count II (breach of contract claim) and count III (estoppel claim) should be dismissed because there is no federal jurisdiction over these claims. Plaintiffs respond that the Court does have jurisdiction over count I and, consequently, has pendent jurisdiction over counts II and III. For the reasons hereinafter stated, the court will grant…

2Cases cited4 opinions

  1. Guthrie v. Dow Chemical Co.District Court, S.D. Texas · 1978
  2. 1199 Dc, National Union Of Hospital And Health Care Employees v. National Union Of Hospital And Health Care EmployeesCourt of Appeals for the D.C. Circuit · 1976
  3. 1199DC, National Union of Hospital & Health Care Employees v. National Union of Hospital & Health Care EmployeesDistrict Court, District of Columbia · 1975
  4. Meehan v. Laborers Pension FundDistrict Court, N.D. Illinois · 1976

3Cited by17 opinions

  1. Robert Anderson, Jr. v. Alpha Portland Industries, Inc.Court of Appeals for the Eighth Circuit · 1985
  2. Uselton v. Commercial Lovelace Motor Freight, Inc.Court of Appeals for the Tenth Circuit · 1991
  3. James B. Ross v. Rail Car America Group Disability Income Plan the Canada Life Assurance CompanyCourt of Appeals for the Eighth Circuit · 2002
  4. International Ass'n of Bridge, Structural & Ornamental Iron Workers Local No. 111 v. DouglasCourt of Appeals for the Seventh Circuit · 1981
  5. Gors v. Venoy Palmer Market, Inc.District Court, E.D. Michigan · 1984

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