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FULLER v. SKORNICKA

No. 95-2002.

79 F.3d 685 (1996)

Ross FULLER, as Trustee of the International Association of Entrepreneurs of America Benefit Trust, Plaintiff-Appellant, v. Carol SKORNICKA, as Secretary of the Department of Industry, Labor and Human Relations of the State of Wisconsin, and Josephine W. Musser, as Wisconsin Commissioner of Insurance, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 28, 1996.

Attorney(s) appearing for the Case

Jonathan Aked (argued), Lafollette & Sinykin, Madison, WI, for Plaintiff-Appellant.

Monica Burkert-Brist (argued), James E. Doyle, Office of the Attorney General, and Richard Briles Moriarty, Wisconsin Department of Justice, Madison, WI for Defendants-Appellees.

Before POSNER, Chief Judge, BAUER and KANNE, Circuit Judges.

BAUER, Circuit Judge.

The issue in this appeal is whether the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq. ("ERISA"), preempts two sections of the Wisconsin Workers' Compensation Act. The district court found that it did not. We agree and affirm.

BACKGROUND

Ross Fuller, in his capacity as Trustee for the International Association of Entrepreneurs of America Benefit Trust ("Trust"), filed a declaratory judgment...

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