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BUD ANTLE, INC. v. BARBOSA

Nos. 93-15002, 93-15642 and 93-15652.

35 F.3d 1355 (1994)

BUD ANTLE, INC., dba Bud of California, Plaintiff-Appellant, v. J. Antonio BARBOSA, personally and in his official capacity as Executive Secretary of the California Agricultural Labor Relations Board; Bruce J. Janigan, personally and in his official capacity as Chairman of the California Agricultural Labor Relations Board; Ivonne Ramos Richardson, personally and in her official capacity as a member of the California Agricultural Labor Relations Board; and Linda A. Frick, personally and in her official capacity as a member of the California Agricultural Labor Relations Board, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted August 29, 1994.

Decided September 9, 1994.

Attorney(s) appearing for the Case

Scott A. Wilson, Theodore R. Scott, Littler, Mendelson, Fastiff, Tichy & Mathiason, San Diego, CA, for plaintiff-appellant.

Sharon M. Shiller Hartwell, Gregory L. Hartwell, Hartwell & Hartwell, J. Antonio Barbosa, Executive Secretary, Susan P. Underwood, Sol., Agricultural Labor Relations Bd., Sacramento, CA, for defendants-appellees.

Frederick L. Feinsten, Gen. Counsel, Linda R. Sher, Acting Associate Gen. Counsel, Eric G. Moskowitz, Deputy Asst. Gen. Counsel for Special Litigation, Nancy E. Kessler Platt, Atty., N.L.R.B., Washington, DC, for amicus curiae.

Before CHOY, REINHARDT, and LEAVY, Circuit Judges.

REINHARDT, Circuit Judge:

This case involves several complicated questions regarding the preemptive effect of the National Labor Relations Act ("NLRA" or "the Act"). Bud Antle, Inc., ("Bud" or "the company") appeals the district court's Rule 12(b)(6) dismissal of its action against the members and executive secretary of the California Agricultural Labor Relations Board ("ALRB" or "state board").1 The company claims that the National Labor...

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