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PERVEL INDUSTRIES v. STATE OF CONN., ETC.

Civ. No. H-78-459.

468 F.Supp. 490 (1978)

PERVEL INDUSTRIES, INC. v. STATE OF CONNECTICUT COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES et al.

United States District Court, D. Connecticut.

October 16, 1978.

Attorney(s) appearing for the Case

Thomas M. Cloherty, Murtha, Cullina, Richter & Pinney, Hartford, Conn., for plaintiff.

Christine G. Dunnell, Asst. Atty. Gen., Philip A. Murphy, Jr., Commission Counsel State Commission on Human Rights and Opportunities, Hartford, Conn., for defendants.

MEMORANDUM OF DECISION

NEWMAN, District Judge.

This case presents the question of whether the Employee Retirement Income Security Act of 1974 (ERISA) preempts provisions of a state's anti-discrimination law insofar as that law affects employee welfare benefits.

Plaintiff and the union that represents its production and maintenance employees have collectively bargained for the establishment of an employee welfare benefit plan, which is regulated pursuant...

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