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GARIBALDI v. LUCKY FOOD STORES, INC.

No. 83-5686.

726 F.2d 1367 (1984)

John GARIBALDI, Plaintiff-Appellant, v. LUCKY FOOD STORES, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 27, 1984.

Attorney(s) appearing for the Case

Eric W. Doney, Donahue, Gallagher, Thomas & Woods, Oakland, Cal., for defendant-appellee.

Fred J. Knez, Banks, Leviton, Kelley, Drass & Kelsey, Inc., Santa Ana, Cal., for plaintiff-appellant.

Before FLETCHER and NELSON, Circuit Judges, and PRICE, District Judge.

FLETCHER, Circuit Judge:

Plaintiff, John Garibaldi, an employee suing for damages in connection with an alleged wrongful discharge, appeals from a summary judgment in favor of his employer, defendant Lucky Food Stores. We reverse on the grounds that the action was improperly removed from state court and that the district court lacked jurisdiction. The case turns on whether plaintiff's claims are preempted.

I

FACTUAL BACKGROUND

Garibaldi...

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