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HARPER v. SAN DIEGO TRANSIT CORP.

No. 84-6205.

764 F.2d 663 (1985)

Alvy R. HARPER, Plaintiff/Appellant, v. SAN DIEGO TRANSIT CORPORATION; San Diego AFL-CIO Bus Drivers Local Division 1309 of the Amalgamated Transit Union, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 25, 1985.

Attorney(s) appearing for the Case

Diane R. King, San Diego, Cal., for plaintiff/appellant.

Jon R. Betts, Richard D. Prochazka, San Diego, Cal., for defendants/appellees.

Before KENNEDY, HUG and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

Alvy R. Harper ("Harper") sued his former union, San Diego AFL-CIO Bus Drivers Local Division 1309 of the Amalgamated Transit Union ("Union"), and his former employer, San Diego Transit Corporation ("Corporation"), in state court over his discharge from employment. Defendants removed the complaint to federal court on the ground that federal labor law formed the basis for and preempted Harper's claims of breach. The district court then granted...

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