Iron Workers Mid-South Pension Fund v. Terotechnology Corp., Borden Chemical

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Employee benefit funds appeal from the dismissal of their suit to enforce liens recorded against Borden’s Geismar plant pursuant to the Louisiana Private Works Act for employee benefit plan contributions owed by Borden’s contractor, Terotechnolo-gy. The district court dismissed under Fed.R.Civ.P. 12(b), holding that insofar as it pertained to employee benefit plans, the Private Works Act was preempted by ERISA. 29 U.S.C. § 1001 et seq. Because the Private Works Act creates an additional method for enforcing the funding requirements of employee benefit…