CONTRACT SERVICES EMPLOYEE TRUST, Board of Trustees, a multi-employer plan; Contract Services Employee Trust, a multi-employer plan, Plaintiffs-Appellants, and
Local 211 Contract Services Union, an Oklahoma not-for-profit corporation, a division of Financial Consultants Guild of America; Contract Services Network, Inc., a New York corporation, Plaintiffs,
v.
Marcia DAVIS, an Administrator of the Oklahoma Workers' Compensation Court; Dave Renfro, as Commissioner of the Oklahoma State Department of Labor, Defendants-Appellees, and
Bradley D. Archer; Ray B. Wingate; Van C. Johnson; David M. Sturgeon; Nickey N. Owens; State Insurance Fund, State of Oklahoma; Elton Newsom; Keith Swafford; Eric Bejcek; Bruce Jacob; John Knox; Danny Morris; Yolanda Comba; Donald Hume; Jerald Bailey; Elgin Beavers; John Frederick Bruder, Defendants.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
May 22, 1995.
May 22, 1995.
Attorney(s) appearing for the Case
John A. Claro (Jeffrey A. Lee of Claro & Claro; of Counsel: C. Craig Cole of Cole, Johnson & Rudkin, Oklahoma City, OK, and Howard C. Hay and Eric C. Sohlgren of Paul, Hasting, Janofsky & Walker, Costa Mesa, CA, with him on the brief), for plaintiffs-appellants.
Kayle A. Bower (Michael M. Sykes, Oklahoma Dept. of Labor, Oklahoma City, OK, for State of Oklahoma, ex rel., Dave Renfro, Commissioner of Labor, and Marcia Davis, Adm'r of the Workers' Compensation Court), for defendants-appellees.
Thomas S. Williamson, Jr., Sol. of Labor; Marc I. Machiz, Associate Sol., Plan Benefits Security Div.; Karen L. Handorf, Counsel for Decentralized and Special Litigation; and Elizabeth A. Goodman, U.S. Dept. of Labor, Plan Benefits Security Div., Washington, DC, for Secretary of Labor, amicus curiae.
John M. Rea, Chief Counsel, Vanessa L. Holton, James D. Fisher, Ornah R. Becker, Dept. of Industrial Relations, San Francisco, CA, for Lloyd W. Aubry, Jr.; and H. Thomas Cadell, Jr., Chief Counsel, Anne Hipshman, Miles E. Locker, Dept. of Industrial Relations, San Francisco, CA, for Victoria Bradshaw, Labor Com'r, Div. of Labor Standards Enforcement, amici curiae.
Michael E. Carpenter, Atty. Gen., and James M. Bowie, Asst. Atty. Gen., Maine State Dept. of the Atty. Gen., for the State of Maine, amicus curiae.
Before MOORE and ANDERSON, Circuit Judges, and McWILLIAMS, Senior Circuit Judge.
United States Court of Appeals, Tenth Circuit.
McWILLIAMS, Senior Circuit Judge.
The central issue in this appeal is whether the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001, et seq., preempts certain provisions of the Oklahoma Workers' Compensation Act (Act), 85 O.S. § 1, et seq. The district court held that ERISA did not preempt. We agree and therefore affirm. Some background.
Contract Services Network, Inc., hereinafter referred to as Contract Services, is...
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