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MERIT CONST. ALLIANCE v. CITY OF QUINCY

No. 13-2189.

759 F.3d 122 (2014)

MERIT CONSTRUCTION ALLIANCE et al., Plaintiffs, Appellees, v. CITY OF QUINCY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

July 16, 2014.

Attorney(s) appearing for the Case

James S. Timmins , City Solicitor, for appellant.

Christopher N. Souris and Krakow & Souris, LLC on brief for New England Regional Council of Carpenters, amicus curiae.

Christopher C. Whitney , with whom Scott K. Pomeroy and Pierce Atwood LLP were on brief, for appellees.

Maurice Baskin and Littler Mendelson, P.C. on brief for Associated Builders and Contractors, Inc., amicus curiae.

Before THOMPSON and SELYA, Circuit Judges, and McCONNELL, District Judge.

SELYA, Circuit Judge.

This case presents not one, but two, questions of considerable import, each of which implicates the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461. The first concerns whether the reach of ERISA's preemption provision, 29 U.S.C. § 1144(a), extends to a municipal ordinance mandating the establishment of a specific type of apprentice training program. The second concerns the scope of ERISA's fee-shifting...

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