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WILLMAR ELEC. SERVICE, INC. v. COOKE

No. 99-1221.

212 F.3d 533 (2000)

WILLMAR ELECTRIC SERVICE, INC., a Minnesota Corporation, Plaintiff-Appellant, v. M. Michael COOKE, as Executive Director of Colorado Department of Regulatory Agencies; Bruce Douglas, as Director of the Colorado Division of Registrations; George Waterhouse, as Program Administrator of the Colorado State Electrical Board; Larry A. Deputy, Rick Filson, Kenneth Mackey, Timothy Miller, Brian Murray, Donald R. Clark, Rolf Philipsen, Robert Saint, and Timothy Thompson, as Members of the Colorado State Electrical Board, Defendants-Appellees. International Brotherhood of Electrical Workers; IBEW Local No. 12; IBEW Local No. 68; IBEW Local No. 113; and IBEW Local No. 969, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

May 16, 2000.

Attorney(s) appearing for the Case

Lawrence W. Marquess (Darin Mackender with him on the briefs), Otten, Johnson, Robinson, Neff & Ragonetti, P.C., Denver, Colorado, appearing for plaintiff-appellant.

Denise DeForest (Ken Salazar, Attorney General, with her on the brief), Assistant Attorney General, Business and Licensing Section, Denver, Colorado, appearing for defendants-appellees.

Terry R. Yellig, Sherman, Dunn, Cohen, Leifer & Yellig, P.C., Washington, D.C., and Walter C. Brauer, III, Brauer, Buescher, Valentine, Goldhammer & Kelman, P.C., Denver, Colorado, filed a brief on behalf of amici curiae.

Before BRISCOE and McKAY, Circuit Judges, and BROWN, District Judge.

BROWN, District Judge.

The issue in this appeal is whether the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., preempts a Colorado statute requiring apprentices performing electrical work in Colorado to be supervised on a one-to-one basis by licensed journeyman electricians. The district court held that the Colorado law was not preempted. We exercise jurisdiction pursuant to 28 U.S.C. § 1291, and affirm.

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