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HOLCOMB v. BINGHAM TOYOTA

No. 88-1752.

871 F.2d 109 (1989)

Michael HOLCOMB, David Growdon, Richard Vizzolini, Bob Posch, Plaintiffs-Appellants, v. BINGHAM TOYOTA, a California Corporation, Byrum Bingham, Craig Tucker, Does I through X, Inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 3, 1989.

Attorney(s) appearing for the Case

Michael E. Rowe, Joby Dupuis, Law Offices of Bennett, Sharpe & Dupuis, Fresno, Cal., for plaintiffs-appellants.

Howard A. Sagaser, Jory, Peterson & Sagaser, Fresno, Cal., for defendants-appellees.

Before CHOY, SNEED and NOONAN, Circuit Judges.

SNEED, Circuit Judge:

Plaintiffs appeal from the district court's order granting defendants' removal petition and dismissing their complaint on the ground that it was preempted by § 7 and § 8 of the National Labor Relations Act (NLRA). See 29 U.S.C. §§ 157, 158 (1982). We reverse and remand and direct that this case be remanded to the state court from which it was removed.

I.

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