In a dispute involving the revocation of a retirement health plan, district court judgment is affirmed where it properly dismissed plaintiff's suit for lack of subject matter jurisdiction as defendant is a political subdivision of Pennsylvania, and thus, its benefit plan constitutes a governmental plan exempt from ERISA under 29 U.S.C. sec. 1003(b)(1).
Appeal from the United States District Court for the Western District of Pennsylvania.
Submitted May 19, 2009
Filed July 23, 2009
Before: FUENTES, JORDAN, and NYGAARD, Circuit Judges.
Opinion by FUENTES, Circuit Judge.
For Appellant: Peter M. Suwak.
For Appellee: John M. Giunta, Cipriani & Werner.