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PLUMBING INDUSTRY BD. v. E.W. HOWELL CO., INC.

No. 608, Docket 96-7620.

126 F.3d 61 (1997)

PLUMBING INDUSTRY BOARD, PLUMBING LOCAL UNION NO. 1, Plaintiff-Appellant, v. E.W. HOWELL CO., INC.; American Home Assurance Co., Inc., Defendants-Appellees, L & L Masons; T & L Fabricators and Fire End & Coker Corp., New York City School Construction Authority, Defendants.

United States Court of Appeals, Second Circuit.

Decided September 15, 1997.

Attorney(s) appearing for the Case

Jack B. Levitt, New York City (Edward J. Reich, Cooperman Levitt Winikoff Lester & Newman, P.C., New York City, of counsel), for Plaintiff-Appellant.

Eli S. Cohn, New York City (K. Richard Marcus, Lorraine D'Angelo, McDonough Marcus Cohn & Tretter, New York City, of counsel), for Defendants-Appellees.

Jennifer A. Clark, Blitman & King, LLP, Syracuse, NY, filed a brief for Onondaga County Laborers' Health and Welfare and Pension Funds; Onondaga County Carpenters' Health and Pension Funds; I.B.E.W. Local No. 328 Welfare and Pension Funds; Plumbers Local 73 Health and Welfare Fund and Retirement Funds; and Iron Workers District Council of Western New York and Vicinity Welfare and Pension Funds as Amicus Curiae.

Denis A. Engel, Colleran, O'Hara & Mills, Garden City, NY, filed a brief for Amicus Curiae New York State AFL-CIO.

Diana L.S. Peters, Washington, DC (Gerald M. Feder, Feder & Associates, P.C., Washington, DC, of counsel), filed a brief for the National Coordinating Committee for Multiemployer Plans as Amicus Curiae.

Before: CARDAMONE, PARKER, Circuit Judges, and WEXLER, District Judge.

CARDAMONE, Circuit Judge.

This appeal requires us to determine whether New York Lien Law § 5 is preempted by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. The lien statute permits laborers on public works projects, as well as "any trust fund to which benefits and wage supplements are due or payable for the benefit of such [laborers]" to file a lien for the value of the labor performed against the funds earmarked...

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