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WAUKESHA ENGINE DIV. v. DEPT. OF INDUSTRY

No. 85-C-286.

619 F.Supp. 1310 (1985)

WAUKESHA ENGINE DIVISION, A DIVISION OF DRESSER INDUSTRIES, INC., Plaintiff, v. The DEPARTMENT OF INDUSTRY, LABOR AND HUMAN RELATIONS OF the STATE OF WISCONSIN, and Howard S. Bellman, in his official capacity as Secretary of the Department of Industry, Labor and Human Relations of the State of Wisconsin, and Merry F. Tryon, in her official capacity as Administrator, Equal Rights Division, of the Department of Industry, Labor and Human Relations of the State of Wisconsin, Defendants.

United States District Court, W.D. Wisconsin.

October 11, 1985.

Attorney(s) appearing for the Case

Michael H. Auen, of Foley & Lardner, Madison, Wis., for plaintiff.

David C. Rice, Asst. Atty. Gen., Madison, Wis., for defendants.

SHABAZ, District Judge.

Plaintiff, Waukesha Engine Division, contends that the prohibition against involuntary retirement set forth in Wisconsin Statute § 111.33(2)(b) (1983-84) is preempted by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461; the Labor Management Relations Act ("LMRA"), 29 U.S.C. §§ 141-187; and the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-634. The plaintiff...

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