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FERGUSON ELEC. CO., INC. v. FOLEY

Nos. 95-7454, 95-7464.

115 F.3d 237 (1997)

FERGUSON ELECTRIC CO., INC., A Connecticut Corporation v. Thomas P. FOLEY, in his Official Capacity as the Secretary of Labor and Industry for the Commonwealth of Pennsylvania; Roger C. Bitzel, in his Official Capacity as the Director of the Prevailing Wage Division, Department of Labor and Industry for the Commonwealth of Pennsylvania; Robert S. Barnett, in his Individual and Official Capacity as the Secretary of Labor and Industry for the Commonwealth of Pennsylvania; Johnny J. Butler, Secretary of Labor and Industry; Robert Risaliti, Acting Director of the Prevailing Wage Division, Thomas P. Foley; Roger C. Bitzel; Robert S. Barnett; Johnny J. Butler; Robert Risaliti; Robert Moore, Appellants at No. 95-7454, Ferguson Electric Co., Inc., Appellant at No. 95-7464.

United States Court of Appeals, Third Circuit.

Decided June 10, 1997.

Attorney(s) appearing for the Case

Susan J. Forney (Argued,) Office of Attorney General of Pennsylvania, Department of Justice, Harrisburg, Pennsylvania, for Appellants/Cross-Appellees, Thomas P. Foley, Roger C. Bitzel, Robert S. Barnett, Johnny J. Butler, Robert Risaliti, and Robert Moore.

David A. Flores (Argued), Harmon & Davies, Lancaster, Pennsylvania, for Appellee/Cross-Appellant, Ferguson Electric Co., Inc.

Irwin W. Aronson (Argued), Handler, Gerber, Johnston & Aronson, Camp Hill, Pennsylvania, for Amicus Curiae Appellant/Cross-Appellee, Pennsylvania State Building and Construction Trades Council.

Before: SCIRICA, ROTH and GODBOLD, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

The issue on appeal is whether certain Pennsylvania prevailing wage and apprenticeship requirements are preempted by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461. Since oral argument, the same issue was addressed by the United States Supreme Court in California Div. of Labor Standards Enforcement v. Dillingham Construction, N.A., Inc., ___ U.S. ___, 117...

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