Prescription Plan Service Corp. v. Albert Franco, Individually and as Administrator

OAKES, Circuit Judge:

This appeal is from a judgment of the United States District Court for the Southern District of New York, Gerard L. Goettel, Judge, dismissing the action for want of either federal question or diversity jurisdiction. We affirm dismissal of the federal question claim but reverse and remand on the diversity issue with directions to grant leave to amend the complaint.

Appellant, a New York corporation, pursuant to contract administered and serviced a pharmaceutical benefit program for the National Maritime Union’s Pension and Welfare Plan (the Plan). The Plan, established in…