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BEALS v. KIEWIT PACIFIC CO., INC.

Nos. 95-16689, 95-16844.

114 F.3d 892 (1997)

Brent BEALS, Plaintiff-Appellant, v. KIEWIT PACIFIC COMPANY, INC., Defendant-Appellee. Brent BEALS, Plaintiff-Appellant-Cross-Appellee, v. KIEWIT PACIFIC COMPANY, INC., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 4, 1997.

Attorney(s) appearing for the Case

Lunsford Dole Phillips, Honolulu, HI, for plaintiff-appellant-cross-appellee Brent Beals.

Charles W. Gall and Nathan Yoshimoto, Kobayashi, Sugita & Goda, Honolulu, HI, for defendant-appellee-cross-appellant Kiewit Pacific Company, Inc.

Before: NORRIS, HALL, and TASHIMA, Circuit Judges.

NORRIS, Circuit Judge.

Brent Beals sued his former employer, Kiewit Pacific Company, and won a jury verdict on his state law claims for breach of contract and negligent misrepresentation. We affirm on the negligent misrepresentation claim but reverse on the breach of contract claim on the ground that the contract claim is preempted.

I

Brent Beals was working full-time as a concrete pump operator for Merli Concrete Company in Southern California when...

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