Court of Appeals for the Third Circuit January 31, 1990, 89-3404 (John H. Cox v. Keystone Carbon Company, Richard Reuscher and William Reuscher. Appeal of Keystone Carbon Company)

OPINION OF THE COURT

SLO VITER, Circuit Judge.

This is the second time plaintiff’s ERISA claim is before us on appeal. On the first appeal, we affirmed the district court’s order denying plaintiff a jury trial on his claim under section 502(a)(3) of ERISA, 29 U.S.C. § 1132(a)(3), and directing a verdict in favor of defendant on plaintiff’s claim of intentional infliction of emotional distress.