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WORKERS TRUST FUND v. MERIT CO.

No. 60656-1.

123 Wn.2d 565 (1994)

870 P.2d 960

PUGET SOUND ELECTRICAL WORKERS HEALTH AND WELFARE TRUST FUND, ET AL, Appellants, v. MERIT COMPANY, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

March 17, 1994.

Attorney(s) appearing for the Case

Donaldson, Kiel & McKenzie, P.S., by Kirk McKenzie and Michael H. Korpi, for appellants.

McGavick Graves, P.S., by Dennis P. Greenlee and Elizabeth A. Pauli, for respondents Merit Company, Reliance Insurance Company, and Auburn School District.

Hintze, Herrig & Wright, by Terry R. Marston II, for respondents Strand Inc. and Firemen's Fund Insurance Company.

Ulin & Lambe, by Dale R. Ulin, for respondents Cree Construction Company and Hartford Fire Insurance Company.

Winter & Poole and Paul G. Winter, for respondents Tullus Gordon Construction Company and Safeco Insurance Company.

DOLLIVER, J.

Plaintiffs, a group of benefit trust funds, appeal the summary judgment dismissal of their claims to collect unpaid employer contributions owed to them by an insolvent subcontractor. The trial court found that Washington's public works lien statutes, which provide a mechanism for collection of a defaulting subcontractor's obligations from the general contractor, are preempted by the Federal Employee Retirement...

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