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STATE v. BURTEN

219 N.J. Super. 339 (1986)

530 A.2d 363

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MARVIN F. BURTEN, ET AL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Law Division Union County.

Decided June 20, 1986.

Attorney(s) appearing for the Case

Craner, Nelson, Satkin & Glazner, attorneys for the State.

Grotta, Glassman & Hoffman, attorneys for defendant Burten.

Robinson, Wayne, Levin, Riccio & LaSala, attorneys for defendant Kaskel.

Arnoff & Merin, attorneys for defendant Kaskel.

Alan A. Sant'Angelo, Dep. Atty. Gen. (Amicus Curiae).

WERTHEIMER, J.S.C.

The principal issue presented by this case is whether the Federal Employee Retirement Security Act (ERISA), 29 U.S.C. §§ 1001-1381 (1976), precludes criminal prosecution under N.J.S.A. 2A:170-90.2, for the failure of the employer to make contributions to an employee pension plan. At oral argument an issue arose whether the Complaint charged conduct involving the pension fund alone or included activity pertaining to the Welfare...

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