Legal Opinion

Vermeer v. Tomken Construction, Inc.

Court of Appeals of Oregon

Decided November 3, 1980No. A 7904-02022, CA 16780PublishedCited by 6 opinions

1Opinion of the CourtRoberts, J.

Plaintiffs, trustees of employe benefit plans known as Oregon Laborers-Employers Trust Funds, brought suit to enforce the terms of their collective bargaining agreement with defendants to recover unpaid employe benefit contributions, as well as liquidated damages, audit fees, attorney fees, interest, costs and disbursements.

Defendant demurred, alleging that since the plan administered by plaintiffs is subject to the Employee Retirement Insurance Security Act (ERISA), 29 USC §§ 1001 et seq, plaintiffs’ action is one which must be brought in federal court under the Act’s pre-emption provisions,…

2Cases cited9 opinions

  1. Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
  2. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  3. Charles Dowd Box Co. v. CourtneySupreme Court of the United States · 1962
  4. Gast v. State, by and Through StevensonCourt of Appeals of Oregon · 1978
  5. Gilstrap v. Mitchell Bros. Truck LinesOregon Supreme Court · 1974

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3Cited by6 opinions

  1. International Brotherhood of Electrical Workers Local No. 48 v. Oregon Steel Mills, Inc.Court of Appeals of Oregon · 2000
  2. Pierce v. P.J.G. & Associates, Inc.Illinois Supreme Court · 1986
  3. Hannan v. R. Concrete, Inc.Court of Appeals of Oregon · 1988
  4. Trustees for the Alaska Hotel & Restaurant Employees Health & Welfare Fund & Pension Fund v. HansenAlaska Supreme Court · 1984
  5. Abbott v. GoodwinCourt of Appeals of Oregon · 1991

1 more not listed; retrieve them via the Exa API.

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