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NEW BEDFORD FISHERMEN'S WELF. FUND v. BALTIC ENT.

No. 86-1537.

813 F.2d 503 (1987)

NEW BEDFORD FISHERMEN'S WELFARE FUND, BY ITS TRUSTEES, et al., Plaintiffs, Appellants, v. BALTIC ENTERPRISES, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 11, 1987.

Attorney(s) appearing for the Case

William M. Straus with whom Lang, Straus, Xifaras & Bullard, P.A., New Bedford, Mass., was on brief, for plaintiffs, appellants.

Roger Stanford with whom Stanford & Schall, New Bedford, Mass., was on brief, for defendants, appellees.

Before COFFIN, Circuit Judge, ALDRICH and ROSENN, Senior Circuit Judges.

COFFIN, Circuit Judge.

This case requires us to decide whether a federal district court has subject matter jurisdiction to entertain an action initiated by a multiemployer employee benefit fund under the Employment Retirement Income Security Act of 1974 ("ERISA") to collect unpaid contributions accruing after the expiration of a collective bargaining agreement. We join the Fifth and Ninth Circuits in holding that the "primary jurisdiction" of the National Labor Relations...

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