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CEMENT MASONS PENSION v. RANDOLPH, INC.

No. 1-03-1670.

832 N.E.2d 228 (2005)

358 Ill. App.3d 638

295 Ill.Dec. 77

CEMENT MASONS PENSION FUND, LOCAL 803; Cement Masons Institute of Chicago, Illinois; Cement Masons Savings Fund, Local 803; Cement Masons Apprentice Educational and Training Fund, Local 803, Plaintiffs-Appellants, v. WILLIAM A. RANDOLPH, INC., Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

June 20, 2005.

Attorney(s) appearing for the Case

Donald D. Schwartz of Arnold & Kadjan, Chicago, for Appellant.

Joseph G. Bisceglia and Terence G. Banich II of Jenner & Block LLP, Chicago, for Appellee.

Justice O'MALLEY delivered the opinion of the court:

Plaintiffs, fringe benefit funds administrators, sued defendant, William A. Randolph, Inc., for the failure of its subcontractor to pay its employees the prevailing wage pursuant to the Illinois Prevailing Wage Act (the Act) (820 ILCS 130/1 et seq. (West 1998)). Defendant moved for dismissal arguing that: (1) the Employee Retirement Income Security Act of 1974 (ERISA) 29 U.S.C. § 1144(a) (2000) preempts...

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