Legal Opinion · Concurring in part, dissenting in part
Joseph W. Hales v. Winn-Dixie Stores, Inc.
Court of Appeals for the Fourth Circuit
Decided July 12, 1974No. 73-1153Published
1Concurring in part, dissenting in partWidener, Circuit Judge
I must respectfully dissent, both as to the majority’s disposition of the jurisdictional issues and as to its treatment of the merits of the plaintiffs’ federal claim under 29 U.S.C. § 308(b).
As to the former, the majority would permit a plaintiff to aggregate his state and federal claims in order to meet the $10,000 jurisdictional requirement under 28 U.S.C. § 1332(a); for such a holding, I am unable to find support, either in case law or in reason. As to the latter, the majority’s decision that the corporation, and not the committee, is the “administrator” of the profit sharing plan tends…
2Cases cited25 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Snyder v. HarrisSupreme Court of the United States · 1969
- Zahn v. International Paper Co.Supreme Court of the United States · 1973
- Hurn v. OurslerSupreme Court of the United States · 1933
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