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WASHINGTON v. UNION CARBIDE CORP.

No. 88-3957.

870 F.2d 957 (1989)

Thomas E. WASHINGTON, Plaintiff-Appellant, v. UNION CARBIDE CORPORATION, a corporation, Defendant-Appellee, and International Association of Machinist and Aerospace Workers; Local Lodge 598, International Association of Machinist and Aerospace Workers, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided March 27, 1989.

Attorney(s) appearing for the Case

Michael John Del Giudice (G. Nicholas Casey, Jr., Timbera B. Carte, Lewis, Ciccarello & Friedberg, Charleston, W.Va., on brief), for plaintiff-appellant.

David Dale Johnson, Jr. (Gene W. Bailey, II, Jackson & Kelly, Charleston, W.Va., on brief), for defendant-appellee.

Before PHILLIPS and WILKINSON, Circuit Judges, and BOYLE, United States District Judge for the Eastern District of North Carolina, sitting by designation.

WILKINSON, Circuit Judge:

This case raises questions about the proper method of resolving claims that a state-law cause of action is preempted under § 301 of the Labor Management Relations Act. We hold that it lies within the discretion of a federal district court, in an appropriate case, to address the state claim on the merits before resolving the § 301 preemption inquiry.

Thomas E. Washington brought this action in federal district court after...

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