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FRESH INTERN. v. AGRICULTURAL LABOR RELATIONS BD.

No. 84-6351.

805 F.2d 1353 (1986)

FRESH INTERNATIONAL CORP., Bruce Church, Inc.; Retirement Administrative Committee of the Fresh International Corp. Retirement Plan; and Retirement Administrative Committee of the Bruce Church, Inc. Retirement Plan, Plaintiffs-Appellees, v. AGRICULTURAL LABOR RELATIONS BOARD; Casimro U. Tolentino; Herbert A. Perry; John P. McCarthy; Ronald L. Ruiz; James Wolpman; United Farm Workers of America; AFL-CIO, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided December 9, 1986.

Attorney(s) appearing for the Case

Kenneth E. Ristau, Jr., Gibson, Dunn & Crutcher, Newport Beach, Cal., Paul J. Goldberg, Susan B. Kaufman, Goldenbock & Barell, New York City, for plaintiffs-appellees.

Daniel G. Stone, Nancy C. Smith, Dep. Sol., Cathy Christian, Agricultural Labor Relations Bd. Sacramento, Cal., for defendants-appellants.

Before SCHROEDER and FLETCHER, Circuit Judges, and ROSENBLATT, District Judge.

FLETCHER, Circuit Judge:

The Agricultural Labor Relations Board of the State of California (ALRB or the Board) appeals from the district court's summary judgment order, holding that California's Agricultural Labor Relations Act, Cal.Lab.Code §§ 1140-1166.3 (West Supp. 1986), is preempted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 (1982) (ERISA), to the extent that it may be applied in a way that affects employee...

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