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HYLES v. MENSING

No. 87-1858.

849 F.2d 1213 (1988)

John C. HYLES, Plaintiff-Appellant, v. Eric MENSING; Solomon Bishaw; Duane Hewett; Paul Dempster; Gunnar Lundberg; American President Lines, Ltd.; Sailors' Union of the Pacific, and Does 1 through 10, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 17, 1988.

As Amended August 3, 1988.

Attorney(s) appearing for the Case

Jeffrey L. Kerwin, Law Offices of Jeffrey L. Kerwin, Berkeley, Cal., for plaintiff-appellant.

Dennis Daniels, San Francisco, Cal., John Henning, Kathleen S. King, Henning, Walsh & Ritchie, San Francisco, Cal., for defendants-appellees.

Before WRIGHT, WALLACE and NELSON, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

"In yet another `variant of a familiar theme' we are called upon to decide if the plaintiff's state law tort ... 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 nevertheless that the plaintiff in...

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