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MN CH. OF ASSOC. BUILDERS v. DEPT. OF PUB. SAFETY

No. 00-3230.

267 F.3d 807 (2001)

MINNESOTA CHAPTER OF ASSOCIATED BUILDERS AND CONTRACTORS, INC., a Minnesota corporation; North Central Chapter of the American Fire Sprinkler Association, an unincorporated association; Allied Mechanical Systems of Hutchinson, Inc., a Minnesota corporation; Ebert & Hinson Fire Protection, Inc., a Minnesota corporation; and General Sprinkler Corporation, a South Dakota corporation, Plaintiffs-Appellees, v. MINNESOTA DEPARTMENT OF PUBLIC SAFETY and Michael Jordan, Commissioner of Public Safety, Defendants-Appellees, Sprinkler Fitters Local 417, Intervenor-Appellant. Building and Construction Trades Department, AFL-CIO, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Filed: October 5, 2001.

Attorney(s) appearing for the Case

Paul W. Iversen, Roseville, MN, argued, for appellant.

Gregg John Cavanagh, Maple Grove, MN, argued, for appellee.

Before MORRIS SHEPPARD ARNOLD and BYE, Circuit Judges, and GAITAN, District Judge.

GAITAN, District Judge.

This case presents the issue of whether portions of the Minnesota Sprinkler Fitter statute and rules which require contractors to adopt approved apprenticeship programs is preempted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001, et seq. ("ERISA"). The district court held that the statute and rules were preempted and issued a permanent injunction preventing enforcement of the apprenticeship regulations...

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