Legal Opinion · Concurring in part, dissenting in part
Hotel & Restaurant Employees & Bartenders International Union Local 54 v. Danziger
Court of Appeals for the Third Circuit
Decided June 6, 1983No. Nos. 82-5210, 82-5234 and 82-5260Published
1Concurring in part, dissenting in partBecker, Circuit Judge
I concur in that part of the majority’s opinion which holds that ERISA precludes the Casino Control Commission from regulating the management of pension and welfare funds.1 And, though I do not agree with the majority’s conclusion that we lack *834jurisdiction over the cross-appeals,21 nevertheless share the majority’s view that the district court was correct in declining to abstain.3
*835I cannot subscribe, however, either to the sweeping preemptive scope that the majority ascribes to the NLRA and the LMRDA or to the holding that section 7 of the NLRA precludes New Jersey from restricting who may…
2Cases cited37 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Middlesex County Ethics Committee v. Garden State Bar Ass'nSupreme Court of the United States · 1982
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Abney v. United StatesSupreme Court of the United States · 1977
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