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MORENO ROOFING CO., INC. v. NAGLE

No. 95-16044.

99 F.3d 340 (1996)

MORENO ROOFING COMPANY, INC., Plaintiff-Appellant, v. Thomas P. NAGLE; State of California, Employment Development Department; James S. Scott, in his official capacity as Regional Director of Region 32 of the National Labor Relations Board, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 31, 1996.

Attorney(s) appearing for the Case

Mark R. Thierman, San Francisco, CA, for plaintiff-appellant.

Ralph M. Johnson, Deputy Attorney General, San Francisco, CA, for state defendant-appellee.

Margery E. Lieber and Mark R. Gisler, National Labor Relations Board, Washington, DC, for federal defendant-appellee.

Before: SKOPIL and FLETCHER, Circuit Judges, and RHOADES, District Judge.

SKOPIL, Senior Circuit Judge:

The issue posited is whether a state law that requires an employer to repay state unemployment benefits when a worker receives a back pay award is preempted by the National Labor Relations Act. The employer contends that the state law interferes with the National Labor Relations Board's authority to settle labor disputes and obtain back pay awards. The district court held that state law is not preempted because application of the law...

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