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VICEROY GOLD CORP. v. AUBRY

Nos. 94-16614, 94-16672.

75 F.3d 482 (1996)

VICEROY GOLD CORPORATION, a Delaware corporation, Plaintiff-Appellee, v. Lloyd AUBRY, Director of the Department of Industrial Relations for the State of California; Victoria L. Bradshaw, Labor Commissioner for the State of California, Defendants-Appellants. VICEROY GOLD CORPORATION, a Delaware corporation, Plaintiff-Appellant, v. Lloyd AUBRY, Director of the Department of Industrial Relations for the State of California; Victoria L. Bradshaw, Labor Commissioner for the State of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted November 28, 1995.

Decided January 23, 1996.

Attorney(s) appearing for the Case

John M. Rea, Chief Counsel, Vanessa L. Holton, Asst. Chief Counsel, James D. Fisher, Department of Industrial Relations, San Francisco, California, for defendants-appellants-cross-appellees Lloyd W. Aubry, Jr., Director Dept. of Ind. Relations.

H. Thomas Cadell, Jr., Chief Counsel, Miles E. Locker, Staff Counsel Dept. of Ind. Relations, Div. of Labor Standards Enforcement, San Francisco, California, for defendants-appellants-cross-appellees, Victoria Bradshaw, Labor Comm'r, Div. of Labor Standards Enforcement.

Charles S. Birenbaum, Marion I. Quesenbery, Scott L. Gardner, Thelen, Marrin, Johnson & Bridges, San Francisco, California, for plaintiff-appellee-cross-appellant.

Before: CHOY, WIGGINS, and LEAVY, Circuit Judges.

OPINION

LEAVY, Circuit Judge:

OVERVIEW

The State of California appeals the district court's grant of partial summary judgment in favor of Viceroy Gold Corporation (Viceroy) on the ground of National Labor Relations Act, 29 U.S.C. § 151 et seq. (NLRA), preemption of California Labor Code § 750.5. Viceroy cross-appeals the district court's judgment dismissing its other challenges to § 750.5 and its challenge to Cal.Lab.Code §...

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