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Pervel Industries Inc. v. Connecticut

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


April 23, 1979

PERVEL INDUSTRIES, INC., PLAINTIFF-APPELLEE,
v.
STATE OF CONNECTICUT COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES, ET AL., DEFENDANTS-APPELLANTS.

Appeal from the United States District Court for the District of Connecticut.

PRESENT: Hon. IRVING R. KAUFMAN, Chief Judge, Hon. WILLIAM H. MULLIGAN, Hon. MURRAY I. GURFEIN, Circuit Judges

This cause came on to be heard on the transcript of record from the United States District Court for the District of Connecticut, and was argued by counsel.

This case arose before the amendment of Title VII in October 1978 by the Pregnancy Disability Act, Pub. L. No. 95-555, 92 Stat. 2076 (codified at 42 U.S.C. § 2000e (k)). At that time state statutes, except those specifically excluded, were preempted by ERISA "insofar as they may now or hereafter relate to any employee benefit plan." 29 U.S.C. § 1144(a). The Connecticut Statute is subject to preemption for the reasons stated in Judge Newman's opinion, F. Supp. .

We therefore affirm on that opinion, which generally sets forth our own views.

19790423

© 1998 VersusLaw Inc.



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