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OLGUIN v. INSPIRATION CONSOL. COPPER CO.

No. 83-2366.

740 F.2d 1468 (1984)

Lansalot A. OLGUIN, Plaintiff-Appellant, v. INSPIRATION CONSOLIDATED COPPER COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 21, 1984.

Attorney(s) appearing for the Case

David F. Gomez, Van O'Steen & Partners, Phoenix, Ariz., for plaintiff-appellant.

Jon E. Pettibone, Lewis & Roca, Phoenix, Ariz., for defendants-appellees.

Before WISDOM, WALLACE, and ANDERSON, Circuit Judges.

WISDOM, Senior Circuit Judge:

In yet another "variant of a familiar theme"1 we are called upon to decide if the plaintiff's state law tort and contract claims were properly removed to federal court and dismissed because they were preempted by federal labor law. The plaintiff's complaint was carefully worded to avoid any direct reference to the collective bargaining agreement that controlled his employment, but the district court found...

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