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KIRBY v. ALLEGHENY BEVERAGE CORP.

No. 86-3985.

811 F.2d 253 (1987)

Shawn KIRBY, Plaintiff-Appellant, v. ALLEGHENY BEVERAGE CORPORATION, Allegheny Pepsi-Cola Bottling Company, James Wilson, Defendants-Appellees, and Local No. 992 of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided February 9, 1987.

Attorney(s) appearing for the Case

John R. Salvatore (Salvatore & Wade, Hagerstown, Md., on brief), for plaintiff-appellant.

Leslie Robert Stellman (John W. Kyle, Littler, Mendelson, Fastiff & Tichy, Baltimore, Md., on brief), for defendants-appellees.

Before RUSSELL, Circuit Judge, BUTZNER, Senior Circuit Judge, and DOUMAR, United States District Judge for the Eastern District of Virginia, sitting by designation.

DOUMAR, District Judge:

Shawn Kirby appeals from the District Court ruling that his invasion of privacy claim against his employer is preempted by the Labor Management Relations Act (LMRA), 29 U.S.C. § 185(a). Appellant also contends that the District Court erred in levying Rule 11 sanctions against his attorney. We affirm the holding with respect to preemption; however, we hold that the District Court's imposition of sanctions was not permissible under the Federal...

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