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ESPINAL v. NORTHWEST AIRLINES

No. 94-16231.

90 F.3d 1452 (1996)

John ESPINAL, Plaintiff-Appellant, v. NORTHWEST AIRLINES; Larry Nunan; Joel Krueger; Susan Jordan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 24, 1996.

Attorney(s) appearing for the Case

Cindy O'Hara, Davis, Reno & Courtney, San Francisco, California, for plaintiff-appellant.

William G. Harris, Arnelle, Hastie, McGee, Willis & Greene, San Francisco, California, for defendants-appellees.

Before: LEAVY, T.G. NELSON and TASHIMA, Circuit Judges.

TASHIMA, Circuit Judge:

Plaintiff-appellant John Espinal ("Espinal") appeals from the district court's dismissal of his claims based on preemption under the Railway Labor Act ("RLA"). 45 U.S.C. § 151 et seq. Defendant-appellee Northwest Airlines ("Northwest") terminated Espinal when it discovered he had diabetes. Espinal, who was employed pursuant to a collective bargaining agreement ("CBA"), filed suit in state court alleging claims for disability discrimination...

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