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WILLIAMS v. CATERPILLAR TRACTOR CO.

No. 85-1972.

786 F.2d 928 (1986)

Cecil WILLIAMS, Clyde Ward, Frederick Walker, Robert A. Van Buren, Clark A. Torres, John Tennant, James Payton, James A. Morretti, Andrew Horvath, Richard L. Gonzales, Willie Crum, Pete Carnute, and Joel Bryan, Plaintiffs/Appellants, v. CATERPILLAR TRACTOR COMPANY, Robert E. Gilmore, Don Fowler, Jeffrey A. Glickman, A.E. Mathisen, Keith Wheeler, and Does I through XX, inclusive, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 7, 1986.

As Amended June 12, 1986.

Attorney(s) appearing for the Case

Fritz Wollett, McCartin & Wollett, Berkeley, Cal., for plaintiffs-appellants.

Gary P. Scholick, Littler, Mendelson, Fastiff & Tichy, San Francisco, Cal., for defendants-appellees.

Before BROWNING, Chief Judge, and TANG and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

Plaintiffs, former employees of the Caterpillar Tractor Company, appeal the dismissal of their damage action for breach of employment contracts. We reverse on the ground that the action was improperly removed from state court and hold that the district court lacked jurisdiction to address the merits of the preemption defense or to dismiss the action.

I

BACKGROUND

The plaintiffs...

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