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MARTIN v. SHAW'S SUPERMARKETS, INC.

No. 96-1863.

105 F.3d 40 (1997)

Theresa MARTIN, Plaintiff, Appellant, v. SHAW'S SUPERMARKETS, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 28, 1997.

Attorney(s) appearing for the Case

Scott W. Lang, New Bedford, MA, with whom Susan Forgue Weiner and Lang, Xifaras & Bullard, P.A., New Bedford, MA, Lisa M. Sheehan, Plympton, MA, Kate Mitchell & Associates, Betsy L. Ehrenberg and Angoff, Goldman, Manning, Pyle & Wanger, P.C., Boston, MA, were on briefs for appellant.

Betsy L. Ehrenberg with whom Harold L. Lichten and Angoff, Goldman, Manning, Pyle & Wanger, P.C., Boston, MA, were on brief for United Food and Commercial Workers Local Union 791 and National Employment Lawyers Association, Massachusetts Chapter, Amici Curiae.

Duane R. Batista with whom Sharon R. Burger and Nutter, McClennen & Fish, L.L.P., Boston, MA, were on brief for appellee.

Before SELYA, Circuit Judge, ALDRICH, Senior Circuit Judge, and BOUDIN, Circuit Judge.

BOUDIN, Circuit Judge.

This case, presenting a difficult preemption issue, began in January 1996 when Theresa Martin sued Shaw's Supermarkets, Inc., in Massachusetts state court for alleged violations of state employment-compensation laws. Martin, an employee of Shaw's since 1979, had injured her back in August 1994 while working as a bakery clerk. In September 1994, she began receiving workers' compensation benefits for temporary total disability. Mass.Gen.Laws ch...

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