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GOLDEN GATE RESTAURANT v. CITY AND COUNTY OF S.F.

Nos. 07-17370, 07-17372.

512 F.3d 1112 (2008)

GOLDEN GATE RESTAURANT ASSOCIATION, an incorporated non-profit trade association, Plaintiff-Appellee, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant, and San Francisco Central Labor Council; Service Employees International Union, Healthcare Workers-West; Service Employees International Union, Local 1021; Unite Here!, Local 2, Defendant-Intervenors-Appellants. Golden Gate Restaurant Association, an incorporated non-profit trade association, Plaintiff-Appellee, v. City and County of San Francisco, Defendant-Appellant, and San Francisco Central Labor Council; Service Employees International Union, Healthcare Workers-West; Service Employees International Union, Local 1021; Unite Here!, Local 2, Defendant-Intemenors.

United States Court of Appeals, Ninth Circuit.

Filed January 9, 2008.

Attorney(s) appearing for the Case

Vince Chhabria, Office of the City Attorney, San Francisco, CA, for Defendant-Appellant.

Stacey M. Leyton, Stephen P. Berzon, Altshuler Berzon, San Francisco, CA, for Defendant-Intervenors-Appellants.

Richard C. Rybicki, Dickenson, Peatman &' Fogarty, Napa, CA, Patrick Sutton, Dickenson, Peatman & Fogarty, Santa Rosa, CA, for Plaintiff-Appellee.

Before: GOODWIN, REINHARDT, and W. FLETCHER, Circuit Judges.

ORDER

W. FLETCHER, Circuit Judge:

Plaintiff Golden Gate Restaurant Association ("the Association") challenges certain provisions of the newly enacted San Francisco Health Care Security Ordinance ("the Ordinance"), contending that they are preempted by the federal Employee Retirement Income Security Act of 1974 ("ERISA"). Part of the. Ordinance was scheduled to go into effect on January 1, 2008. On December 26, 2007, the district court granted summary judgment...

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