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JACKSON v. LIQUID CARBONIC CORP.

No. 87-2073.

863 F.2d 111 (1988)

George JACKSON, Plaintiff, Appellant, v. LIQUID CARBONIC CORPORATION, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 1, 1988.

As Amended December 13, 1988.

As Amended on Denial of Rehearing and Rehearing December 29, 1988.

Attorney(s) appearing for the Case

Gail Strassfeld with whom Judith Mizner, Silverglate, Gertner, Fine, Good & Mizner, and Marjorie Heins, Massachusetts Civil Liberties Union Foundation, Boston, Mass., were on brief for plaintiff, appellant.

Kathleen Edwards with whom Norman Holtz, Holtz and Gilman, P.C. and Brian P. Curtis, Corporate Counsel, Boston, Mass., were on brief for defendants, appellees.

Before COFFIN, BOWNES and SELYA, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc December 29, 1988.

SELYA, Circuit Judge.

This appeal presents a narrow question, but one of considerable significance. It requires that we decide whether an ex-employee's state-law claims for invasion of privacy, mounted in the wake of the employer's unilateral inauguration of a drug-testing program (on the supposed authority of a collective bargaining agreement), are preempted by the terms and tenor...

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