DEICHES v. CARPENTERS' HEALTH & WELF. FUND OF PHILA.

Civ. A. No. 82-2136.

572 F.Supp. 766 (1983)

Ira R. DEICHES, Receiver for Crest Con, Inc., Plaintiff, v. CARPENTERS' HEALTH AND WELFARE FUND OF PHILADELPHIA, Defendant.

United States District Court, D. New Jersey.

October 6, 1983.


Attorney(s) appearing for the Case

Daniel M. Kurtzman, Freeman, Gerstein, Mintz, Hagner & Deiches, Haddonfield, N.J., for plaintiff.

Mary A. Kelly, Tomar, Parks, Seliger, Simonoff & Adourian, Haddonfield, N.J., William J. Einhorn, Sagot & Jennings, Philadelphia, Pa., for defendant.


OPINION

GERRY, District Judge.

This case concerns the relationship between the preemption clause of the Employment Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1002, and the State of New Jersey's Insolvency and Reorganization "Preference" statute, N.J.S.A. 14A:14-14.

Defendant Carpenters' Health and Welfare Fund of Philadelphia is a trust fund (hereinafter "the Fund") established under an agreement and declaration of trust, and...

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