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STATE OF CAL. BY AND THROUGH DEUKMEJIAN v. REGAN

Nos. 78-3577/78-3738.

641 F.2d 721 (1981)

The STATE OF CALIFORNIA By and Through George DEUKMEJIAN, Attorney General on behalf of the People of the State of California, Plaintiff-Appellant and Cross-Appellee, v. The Honorable Donald T. REGAN, Secretary of the Treasury of the United States, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 6, 1981.

Rehearing and Rehearing Denied June 15, 1981.

Attorney(s) appearing for the Case

William J. Power, Deputy Atty. Gen., Sacramento, Cal., for State of Cal.

Michael J. Roach, Washington, D.C., argued, for defendant-appellee and cross-appellant; M. Carr Ferguson, Asst. Atty. Gen., Washington, D.C., on brief.

Before SKOPIL and POOLE, Circuit Judges and TAKASUGI, District Judge.

Rehearing and Rehearing En Banc Denied June 15, 1981.

SKOPIL, Circuit Judge:

INTRODUCTION

California sought declaratory and injunctive relief from the requirement that it file an annual information return with the Internal Revenue Service ("IRS") pursuant to the Employee Retirement Income Security Act ("ERISA") provision governing employee pension benefit plans. 26 U.S.C. § 6058(a). California argued that Congress did not intend for ERISA to...

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