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DAWSON v. WHALAND

Civ. No. 81-533-D.

529 F.Supp. 626 (1982)

James M. DAWSON, as Administrator of Northern New England Carpenters Health and Welfare Fund; New Hampshire Masons Health and Welfare Fund; New Hampshire Plumbers Health and Welfare Fund; New Hampshire Sheet Metal Workers # 297 Health and Welfare Fund; New Hampshire Employee Benefits Council, Amicus Curiae, v. Francis E. WHALAND, Commissioner, Department of Insurance, State of New Hampshire.

United States District Court, D. New Hampshire.

January 18, 1982.

Attorney(s) appearing for the Case

David L. Nixon, Manchester, N.H., for plaintiffs.

Ronald F. Rodgers, Concord, N.H., Alan P. Cleveland, Manchester, N.H., for defendant.

MEMORANDUM OPINION

DEVINE, Chief Judge.

The highly commendable efforts of both the State of New Hampshire and the federal government to improve the health and welfare benefits available to working citizens give rise to this litigation. The issue presented for resolution is whether the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001, et seq., preempts a recent amendment to New Hampshire's statute, Revised Statutes Annotated...

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