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GARY v. AIR GROUP, INC.

No. 02-3534.

397 F.3d 183 (2005)

Ray GARY, Appellant v. THE AIR GROUP, INC.

United States Court of Appeals, Third Circuit.

February 3, 2005.

Attorney(s) appearing for the Case

Mark A. Berman, Michael A. Baldassare, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, for Appellant, Ray Gary.

Todd H. Girshon, Jackson Lewis LLP, New York, for Appellee, The Air Group, Inc.

Before NYGAARD and GARTH, Circuit Judges, and POLLAK, District Judge.

Submitted Under Third Circuit L.A.R. 34.1(a) December 16, 2004.

OPINION

GARTH, Circuit Judge.

Appellant Ray Gary ("Gary"), a New Jersey resident, brought an action against Appellee The Air Group, Inc. ("The Air Group"), a California corporation, alleging a violation of New Jersey's Conscientious Employee Protection Act, N.J.S.A. § 34:19-1 et seq. ("CEPA"). The District Court, holding that Gary's state law whistleblower claim was preempted...

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