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EACOTT v. INS. CO. OF NORTH AMERICA

(13966)

40 Conn. App. 777 (1996)

JAMES EACOTT, JR., TRUSTEE, ET AL. v. INSURANCE COMPANY OF NORTH AMERICA ET AL.

Appellate Court of Connecticut.

Decision released April 2, 1996.

Attorney(s) appearing for the Case

Raymond L. Baribeault, Jr., with whom, on the brief, was Harry E. Calmar, for the appellants (plaintiffs).

Ernest J. Mattei, with whom, on the brief, was James L. Fischer, for the appellees (defendants).

Dupont, C. J., and Landau and Spear, Js.

SPEAR, J.

The plaintiffs appeal from the judgment of the trial court dismissing, for lack of subject matter jurisdiction, their complaint against a surety and general contractor for pension and health contributions owed to the plaintiffs' funds pursuant to a labor and material payment bond. The plaintiffs assert that the trial court improperly (1) concluded that their claim was preempted by the Employee Retirement Income...

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