NEW JERSEY STATE AFL-CIO v. STATE OF N.J.

No. 84-5196.

747 F.2d 891 (1984)

NEW JERSEY STATE AFL-CIO, Appellant v. STATE OF NEW JERSEY and Joseph F. Murphy, Commissioner of the Department of Insurance for the State of New Jersey.

United States Court of Appeals, Third Circuit.

Decided November 8, 1984.


Attorney(s) appearing for the Case

Thomas P. Foy, Mount Holly, N.J., of counsel; John F. Pilles, Jr., Schlesinger, Schlosser, Foy & Harrington, Mount Holly, N.J., for appellant.

John J. Hayden, Deborah T. Poritz, Deputy Attys. Gen., Trenton, N.J., of counsel; Irwin I. Kimmelman, Atty. Gen. of N.J., Department of Law & Public Safety, Trenton, N.J., for appellees.

Before GARTH and SLOVITER, Circuit Judges, and LORD, District Judge.


Submitted Under Third Circuit Rule 12(6) on October 30, 1984.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This is an appeal by New Jersey AFL-CIO from the dismissal of its action seeking a declaratory judgment that four New Jersey statutes enacted in 1983 are invalid because they are preempted by the Employee Retirement Income Security Act of 1974 (ERISA) and because they violate the impairment of contract...

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