MILNE EMPLOYEES ASS'N v. SUN CARRIERS

No. 89-15837.

960 F.2d 1401 (1991)

MILNE EMPLOYEES ASSOCIATION, a non-profit Mutual Benefit Corporation, or in the alternative Steven Bishop, Charles E. Tharp, Debra Bishop and Ella Tharp, as representatives of the class of affected former employees of Milne Truck Lines, Inc., and their spouses, Plaintiff-Appellant, v. SUN CARRIERS, INC.; Albert L. Labinger; Donald E. Mayoras; Milne Truck Lines; Elliott Burnside; Charles N. Pass; Thomas Morton; James Bradford; St. Johnsbury Trucking; Jones Truck Lines; Riordan Freeman & Spogli; Richard J. Riordan; Bradford M. Freeman; Ronald P. Spogli, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 20, 1991.

As Amended on Denial of Rehearing and Rehearing May 4, 1992.


Attorney(s) appearing for the Case

Richard E. Schwartz, James E. Parrot, Richard Schwartz & Associates, Ltd., St. Louis, Mo., for plaintiff-appellant.

Charles G. Bakaly, Jr., O'Melveny & Myers, New York City, for defendants-appellees.

Before: GOODWIN, SKOPIL, and BOOCHEVER, Circuit Judges.


As Amended on Denial of Rehearing and Rehearing En Banc May 4, 1992.

OPINION

BOOCHEVER, Circuit Judge:

Milne Employees Association ("MEA" or "employees") appeals from the district court's summary judgment in favor of Sun Carriers, Inc., Milne Truck Lines, and other defendants. 714 F.Supp. 1028. The district court concluded that MEA's various state law claims were preempted by section 301 of the Labor Management...

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