DERRICO v. SHEEHAN EMERGENCY HOSP.

No. 246, Docket 87-7415.

844 F.2d 22 (1988)

Ralph DERRICO, Plaintiff-Appellant, v. SHEEHAN EMERGENCY HOSPITAL, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 5, 1988.


Attorney(s) appearing for the Case

Richard Lipsitz, Buffalo, N.Y. (Richard P. Weisbeck, Jr., Lipsitz, Green, Fahringer, Roll, Schuller & James, Buffalo, N.Y., of counsel), for plaintiff-appellant.

James N. Schmit, Buffalo, N.Y. (Melinda G. Disare, Damon & Morey, Buffalo, N.Y., of counsel), for defendant-appellee.

Before MESKILL, PRATT and ALTIMARI, Circuit Judges.


MESKILL, Circuit Judge:

Plaintiff-appellant Ralph Derrico sued in New York state court for breach of what he called a state law contract of employment. The obligation he sought to enforce was identical to a term in an expired collective bargaining agreement providing that he could only be fired for just cause. He argues that this term was transformed after expiration into an independent contract under state law because federal law maintains terms of expired collective...

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