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ASSOCIATED GENERAL CONTRACTORS v. SMITH

Nos. 92-55618, 92-55780.

74 F.3d 926 (1996)

ASSOCIATED GENERAL CONTRACTORS, SAN DIEGO CHAPTER, INC., APPRENTICESHIP AND TRAINING TRUST FUND, Plaintiff-Appellee, Cross-Appellant, v. Owen SMITH, in his official capacity as a member of the California Apprenticeship Council, et al., Defendants, and Gail W. Jesswein, in his official capacity as a member of the California Apprenticeship Council; California Apprenticeship Council, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 22, 1996.

Attorney(s) appearing for the Case

Jack T. Kerry, Deputy Attorney General, Los Angeles, California; Julian O. Standen, Deputy Attorney General, San Francisco, California, for defendants-appellants-cross-appellees.

Mark T. Bennett and David P. Wolds, Merrill, Schultz & Wolds, San Diego, California, for plaintiffs-appellees-cross-appellants.

Before: BOOCHEVER, T.G. NELSON, and KLEINFELD, Circuit Judges.

BOOCHEVER, Circuit Judge:

California Apprenticeship Council ("CAC") denied the application of Associated General Contractors Apprenticeship and Training Trust Fund ("AGC") to expand its apprenticeship programs, because AGC had not demonstrated a need for the programs in the expanded area. AGC filed suit in district court, arguing that the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001-1461 (1988), preempted application of the state...

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