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BUCYRUS-ERIE CO. v. DEPT. OF INDUSTRY, LABOR, ETC.

No. 78-2079.

599 F.2d 205 (1979)

BUCYRUS-ERIE COMPANY, a corporation, Plaintiff-Appellant, v. The DEPARTMENT OF INDUSTRY, LABOR AND HUMAN RELATIONS OF the STATE OF WISCONSIN, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 24, 1979.

Attorney(s) appearing for the Case

Joseph E. O'Leary, Chicago, Ill., for plaintiff-appellant.

David C. Rice, Asst. Atty. Gen., Wisconsin Dept. of Justice, Madison, Wis., Mary-Helen Mautner, E. E. O. C., Washington, D. C. (amicus curiae), for defendants-appellees.

Before CUMMINGS and SPRECHER, Circuit Judges, and LEIGHTON, District Judge.

SPRECHER, Circuit Judge.

The plaintiff, Bucyrus-Erie Co., appeals from the district court judgment denying its request to enjoin various officers of the state of Wisconsin from exercising jurisdiction under the Wisconsin Fair Employment Act, Wis.Stat. §§ 111.31-111.37, over a complaint alleging that plaintiff's employee disability benefit plan is sex discriminatory. The primary issue presented by this appeal is whether the Employee Retirement Income Security...

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