NEWBERRY v. PACIFIC RACING ASS'N

No. 87-2350.

854 F.2d 1142 (1988)

Louise NEWBERRY, Plaintiff-Appellant, v. PACIFIC RACING ASSOCIATION and Tanforan Racing Association; Peter W. Tunney, individually and as Vice President and General Manager, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 10, 1988.


Attorney(s) appearing for the Case

Gerard J. Hinckley and Sylvia Courtney, San Francisco, Cal., for plaintiff-appellant.

Gary J. Okey, Cynthia L. Jackson, Michele Modena-Kurpinsky, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., for defendants-appellees.

Before ALDISERT, CANBY and BEEZER, Circuit Judges.


ALDISERT, Circuit Judge:

The major question for decision in this appeal from the district court's grant of summary judgment for the defendants is whether plaintiff's state law claims against her employer for breach of an implied covenant of good faith and fair dealing and intentional infliction of emotional distress are preempted under section 301 of the Labor Management Relations Act of 1947 (LMRA), 29 U.S.C. § 185. The district court granted summary judgment...

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