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COMMONWEALTH v. FEDERICO

383 Mass. 485 (1981)

419 N.E.2d 1374

COMMONWEALTH vs. RICHARD D. FEDERICO. (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

April 28, 1981.

Attorney(s) appearing for the Case

Alice E. Richmond for Donald A. Dow.

Michael M. Maxey for Richard D. Federico.

Robert L. Rossi, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & ABRAMS, JJ.

HENNESSEY, C.J.

The principal issue presented by these consolidated cases is whether the Federal Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1381 (1976), precludes criminal prosecution under G.L.c. 151D, § 11, as appearing in St. 1973, c. 1169, § 1, for the failure of employers to make contributions to employee pension plans regulated by ERISA. We conclude that ERISA preempts &...

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