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BURGIO & CAMPOFELICE v. NY STATE DEPT. OF LABOR

No. 93-CV-334C.

914 F.Supp. 931 (1996)

BURGIO AND CAMPOFELICE, INC., Plaintiff, v. NEW YORK STATE DEPARTMENT OF LABOR; Thomas P. Hartnett, Industrial Commissioner of the State of New York; Charles C. Drobner, Director of Bureau of Public Work, New York State Department of Labor; Robert Abrams, Attorney General of the State of New York, Defendants.

United States District Court, W.D. New York.

As Corrected March 11, 1996.

Attorney(s) appearing for the Case

Zdarsky, Sawicki & Agostinelli (Guy J. Agostinelli, of counsel), Buffalo, New York, for Plaintiff.

Dennis C. Vacco, Attorney General of the State of New York (Pico Paul Ben-Amotz, of counsel), New York City, for Defendants.

CURTIN, District Judge.

BACKGROUND

Plaintiff Burgio & Campofelice, Inc. ("B & C"), a general contractor, seeks to enjoin the defendant New York State Department of Labor ("DOL") from enforcing the State's prevailing benefit supplement laws against B & C for benefit supplements which B & C's subcontractor, Shared Management Group, Ltd., allegedly failed to pay. The plaintiff claims that such state laws are preempted by the Employee...

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