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OVERBY v. CHEVRON USA, INC.

No. 88-5801.

884 F.2d 470 (1989)

Garnett OVERBY, Plaintiff-Appellant, v. CHEVRON USA, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn June 5, 1989.

Resubmitted June 19, 1989.

Decided September 1, 1989.

Attorney(s) appearing for the Case

Edward M. Fox, Klass, Helman & Ross, Los Angeles, Cal., for plaintiff-appellant.

James S. Bryan, Lawler, Felix & Hall, Los Angeles, Cal., for defendant-appellee.

Before WALLACE, FARRIS and BEEZER, Circuit Judges.

WALLACE, Circuit Judge:

Overby sued Chevron U.S.A., Inc. (Chevron) in state court, alleging wrongful discharge under California law. Chevron removed the action on the basis of federal question jurisdiction, relying on section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185(a). See 28 U.S.C. § 1441(b). After Overby amended his complaint to include a racial discrimination claim under 42 U.S.C. § 1981 and additional state law claims...

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