Samuel Nemaizer, General Manager of the New York Coat, Suit, Dress, Rainwear and Allied Workers' Union I.L.G.W.U. v. Jack Baker, an Individual

CARDAMONE, Circuit Judge:

The question we are called upon to decide is whether appellees may bring an action in federal court claiming that appellant is individually liable under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001 et seq. (1982), for unpaid corporate employee benefit trust funds, after appellee had previously stipulated to dismiss “with prejudice” an action raising that claim. The reason ap-pellees advance to obtain Rule 60(b) relief from the order of dismissal is that the stipulation contemplated only a pending state claim, not a federal claim. The legal…