McCOY v. MASSACHUSETTS INSTITUTE OF TECHNOLOGY

No. 91-1318.

950 F.2d 13 (1991)

James L. McCOY, Administrator of the Electrical Workers Trust Funds, etc., Plaintiff, Appellant, v. MASSACHUSETTS INSTITUTE OF TECHNOLOGY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 19, 1991.


Attorney(s) appearing for the Case

Katherine A. Hesse, with whom David W. Healey, and Murphy, Hesse, Toomey and Lehane, Quincy, Mass., were on brief, for plaintiff, appellant.

Corwin & Corwin, Lisa H. Harrod and Joseph M. Corwin, Boston, Mass., were on brief for David R. McGinness, Administrator for Trustees of Various Funds (Plumbers and Gasfitters Local Union No. 12), amicus curiae.

Bruce D. Berns, with whom Jeffrey Swope, Harvey Nosowitz and Palmer & Dodge, Boston, Mass., were on brief, for defendant, appellee.

Before BREYER, Chief Judge, ALDRICH and SELYA, Circuit Judges.


SELYA, Circuit Judge.

This appeal calls upon us to determine an issue of first impression: whether the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461 (1988), preempts the operation of a Massachusetts mechanics' lien statute, Mass. Gen.L. ch. 254 (1990), as it concerns the rights of employee benefit plans. The district court dismissed the plaintiff's suit, finding preemption. McCoy...

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