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BERDA v. CBS INC.

No. 88-3405.

881 F.2d 20 (1989)

Martin W. BERDA, and Linda Berda, his wife, Appellants, v. CBS INC., a corporation, Appellees.

United States Court of Appeals, Third Circuit.

Decided July 20, 1989.

Attorney(s) appearing for the Case

Joseph J. Hinchliffe (argued), Tarasi and Johnson, P.C., Pittsburgh, Pa., for appellants.

Arthur J. Schwab (argued), Reed, Smith, Shaw & McClay, Pittsburgh, Pa., Helen M. Gold, CBS Inc., New York City, for appellees.

Before GIBBONS, Chief Judge, BECKER and WEIS, Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

This case involves the circuit-splitting question whether state contract and tort claims for monetary relief brought by a bargaining unit employee against his employer based upon alleged misrepresentations of job security, made before the employee became a member of the bargaining unit, which conferred additional rights to those afforded by the collective bargaining agreement, are preempted by section 301 of the...

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