CHESTNUT-ADAMS LTD. v. BRICKLAYERS & MASONS TRUST


415 Mass. 87 (1993)

612 N.E.2d 236

CHESTNUT-ADAMS LIMITED PARTNERSHIP & others vs. THE BRICKLAYERS AND MASONS TRUST FUNDS OF BOSTON, MASSACHUSETTS & others (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

April 28, 1993.


Attorney(s) appearing for the Case

Edward M. Wheeler for the plaintiffs.

Doris R. MacKenzie Ehrens for The Bricklayers and Masons Trust Funds of Boston, Massachusetts.

Present: LIACOS, C.J., NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.


NOLAN, J.

This appeal raises an issue of first impression before this court, i.e., whether the Massachusetts mechanic's lien statute, G.L.c. 254 (1990 ed.), is preempted by the Federal Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 et seq. (1988 & Supp. II 1990), at least in cases where the trustee of an ERISA fund seeks to enforce such a lien. Because we conclude that ERISA does preempt the mechanic's lien statute, we do...

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