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ABC NAT. LINE ERECTION APPRENTICESHIP v. AUBRY

No. 93-17317.

68 F.3d 343 (1995)

ABC NATIONAL LINE ERECTION APPRENTICESHIP TRAINING TRUST, Plaintiff-Appellant, v. Lloyd AUBRY, JR., in his official capacity as the Director of the Department of Industrial Relations for the State of California and Victoria Bradshaw in her official capacity as the Labor Commissioner for the State of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 17, 1995.

Attorney(s) appearing for the Case

Mark R. Thierman, Gordon J. Fine, Thierman Law Partnership, San Francisco, California, for plaintiff-appellant.

John M. Rea, James D. Fisher, Department of Industrial Relations, San Francisco, California, for defendants-appellees.

Before: BEEZER and THOMPSON, Circuit Judges, and EZRA, District Judge.

DAVID ALAN EZRA, District Judge:

This appeal presents the question whether the impact of California's prevailing wage law on a trainee/apprenticeship program not approved by California confers upon a trust that administers such a program standing to challenge the relevant provisions of the California Labor Code as preempted by the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1144(a). We hold that, in light of our decision in Dillingham Constr...

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