William J. McCarthy v. F. Ray Marshall, Secretary of the United States Department of Labor
Court of Appeals for the First Circuit
1Opinion of the Court
COWEN, Senior Circuit Judge.
Appellants, trustees of the New England Teamsters and Trucking Industry Pension Fund (fund), appeal from an order of the district court which granted the appellee’s (government’s) motion to dismiss for lack of jurisdiction. Appellants instituted this action seeking a declaration as to the meaning and application of certain sections of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001, et seq. In particular, they sought a declaration as to the legality of the regulations issued by the Secretary of Labor in 29 C.F.R. § 2530.-200b-2,…
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