Legal Opinion

Boase v. Lee Rubber & Tire Corp.

Court of Appeals for the Third Circuit

Decided December 29, 1970No. Nos. 18707, 18708PublishedCited by 41 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Circuit Judge.

These diversity appeals, which challenge the validity of a termination clause in a pension plan, require that we predict, in the absence of holdings directly on point, a choice of law ruling by the Pennsylvania Supreme Court and a substantive law determination by the state to which we are referred.

In 1943, Lee Rubber and Tire Corporation 1 executed an agreement of trust which established a non-contributory pension plan for certain of its salaried officers and employees in Ohio and Pennsylvania. Benefits payable to each participant after retirement…

2Cases cited31 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  4. West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
  5. Griffith v. United Air Lines, Inc.Supreme Court of Pennsylvania · 1964

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3Cited by41 opinions

  1. Scott Hammersmith v. Tig Insurance Company (w.d. Of Pa. Civil Nos. 02-Cv-01829 & 03-Cv-01333)Court of Appeals for the Third Circuit · 2007
  2. Gavlik Construction Co. v. H. F. Campbell Co.Court of Appeals for the Third Circuit · 1975
  3. Olympic Junior, Inc., in No. 71-1440 v. David Crystal, Inc. Appeal of Edward Defabio, in No. 71-1441. Appeal of Paul D'alessandro, in No. 71-1442Court of Appeals for the Third Circuit · 1972
  4. Barry J. Quinones v. United States of America, and United States Bureau of Narcotics and Dangerous Drugs and Its Agents and EmployeesCourt of Appeals for the Third Circuit · 1974
  5. State Ex Rel. Dunlap v. BergerWest Virginia Supreme Court · 2002

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