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FIREMEN'S INS. CO. v. LOCAL NO. 105

No. 92-CV-0668 FJS.

825 F.Supp. 10 (1993)

FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY, Plaintiff, v. LOCAL NO. 105 OF THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA; Local Union No. 151 of Plumbers and Steamfitters; Plumbers and Pipefitters National Pension Fund; Wages, Industry, Welfare, Pension, Educational and Annuity Funds of Local 105, Defendants.

United States District Court, N.D. New York.

June 22, 1993.

Attorney(s) appearing for the Case

Harris, Beach & Wilcox, Albany, NY, Roland M. Cavalier, of counsel, for plaintiff.

O'Donoghue & O'Donoghue, Washington, DC, John R. Harney, of counsel, Tocci, Parker & Tocci, Albany, NY, Dominick Tocci, of counsel, for defendants.

MEMORANDUM-DECISION AND ORDER

SCULLIN, District Judge:

INTRODUCTION

Firemen's Insurance Company ("Plaintiff") filed the instant declaratory judgment action in federal court on May 22, 1992. Plaintiff seeks a declaration that it is not required to make payments to certain of the defendants under N.Y. STATE FIN. LAW § 137,1 alleging that such a requirement is preempted by the Employment Retirement Income Security...

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