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CATHOLIC CHARITIES OF MAINE, INC. v. CITY OF PORTLAND

No. CIV.03-55-P-H.

304 F.Supp.2d 77 (2004)

CATHOLIC CHARITIES OF MAINE, INC., Plaintiff v. CITY OF PORTLAND, Defendant

United States District Court, D. Maine.

February 6, 2004.

Attorney(s) appearing for the Case

Gene R. Libby, Verrill & Dana, Kennebunk, ME, for Catholic Charities Maine Inc., Plaintiff.

Patricia A. Peard, Ronald W. Schneider, Jr., Bernstein, Shur, Sawyer, & Nelson, Portland, ME, for City of Portland.

MEMORANDUM DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

HORNBY, District Judge.

Are the health benefit plans of Catholic Charities Maine, Inc. "church plans" exempt from federal regulation under the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code? If so, can Catholic Charities decline the exemption and subject itself to federal regulation? The answers are significant because they determine whether federal preemption defeats...

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