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OREGON COLUMBIA BRICK MASONS v. GARDNER

No. 03-35864.

448 F.3d 1082 (2006)

OREGON COLUMBIA BRICK MASONS JOINT APPRENTICESHIP TRAINING COMMITTEE; Oregon-Columbia Cement Masons Joint Apprenticeship Training Committee, Plaintiffs-Appellants, v. Dan GARDNER, in his capacity as Oregon Labor Commissioner and Oregon State Apprenticeship and Training Council Chairperson; John Mohlis; Vicky L. Bacon; Kathryn J. Mattimore; Ronald S. Sherman; Constance Ashbrook; Ed J. Gormley; Chet Caruthers; Stephen Simms, Esq.; Larry Jones, each in their capacity as members of the Oregon State Apprenticeship and Training Council, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 22, 2006.

Attorney(s) appearing for the Case

John Spencer Stewart, Robert B. Coleman, & Matthew A. Wand, Stewart Sokol & Gray LLC, Portland, Oregon, for the plaintiffs-appellants.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, & Erika L. Hadlock, Assistant Attorney General, Salem, Oregon, for the defendants-appellees.

Before: REINHARDT, MARSHA S. BERZON, and JAY S. BYBEE, Circuit Judges.

BERZON, Circuit Judge:

We consider whether an Oregon prerequisite for state recognition of a proposed apprentice training committee — that it be "necessary to serve the needs of the various apprenticeable occupations," OR. REV. STAT. § 660.135(1), a requirement known as the "needs" requirement — is preempted by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461.

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