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WINDFIELD v. GROEN DIV., DOVER CORP.

No. 88-4830.

890 F.2d 764 (1989)

Leroy WINDFIELD, Plaintiff-Appellant, v. GROEN DIVISION, DOVER CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 19, 1989.

Attorney(s) appearing for the Case

Walter Kamiat, David Silberman, Laurence Gold, Washington, D.C., Cooper, Mitch, Crawford, Kuykendall & Whatly, Jay Smith, Birmingham, Ala., Roger K. Doolittle, Jackson, Miss., Carl Frankel, Five Gateway Center, Pittsburgh, Pa., for plaintiff-appellant.

R. Pepper Crutcher, Jr., Kenneth E. Milam, Jackson, Miss., for defendant-appellee.

Before GEE and JONES, Circuit Judges, and HUNTER, District Judge.

EDITH H. JONES, Circuit Judge:

Leroy Windfield, appellant, sued his former employer, Groen Division, Dover Corporation ("Groen") for breach of contract, breach of implied contract, promissory estoppel, and fraud in Mississippi state court. Groen removed the suit to federal court on the basis of diversity of citizenship and then moved to dismiss because Windfield's state law claims were allegedly preempted by the unfair labor practice provisions of the National Labor...

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