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U.A. 198 HEALTH & WELFARE v. RESTER REFRIGERATION SERVICE, INC.

No. 85-3453.

790 F.2d 423 (1986)

U.A. 198 HEALTH & WELFARE, EDUCATION & PENSION FUNDS, Plaintiff-Appellant, v. RESTER REFRIGERATION SERVICE, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 23, 1986.

Attorney(s) appearing for the Case

Louis L. Robein, Jr., Metairie, La., for plaintiff-appellant.

Daniel K. Rester, Charles M. Raymond, Baton Rouge, La., for defendant-appellee.

Before WISDOM, REAVLEY, and JOHNSON, Circuit Judges.

WISDOM, Circuit Judge:

This appeal presents the question whether federal courts have subject matter jurisdiction over an action by a union trust fund, under the Employee Retirement Income Security Act of 1974 (ERISA), against the employer to collect unpaid contributions accruing after the expiration of a collective bargaining agreement. We hold that the National Labor Relations Act preempts the fund's ERISA action. The National Labor Relations Board has "primary jurisdiction...

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