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CARLSON v. ARROWHEAD CONCRETE WORKS, INC.

No. 05-3100.

445 F.3d 1046 (2006)

Duane CARLSON, Plaintiff-Appellee, v. ARROWHEAD CONCRETE WORKS, INC., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 19, 2006.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Thomas R. Trachsel of Minneapolis, MN. Also appearing on the appellant's brief were Lee A. Lastovich and Kristine M. Rock of Minneapolis.

Counsel who presented argument on behalf of the appellee was Jessica J. Clay of Minneapolis, MN. James H. Kaster of Minneapolis also appeared on appellee's brief.

Before MURPHY, BOWMAN, and BENTON Circuit Judges.

MURPHY, Circuit Judge.

Duane Carlson (Carlson) brought this action in state court against his former employer Arrowhead Concrete Works, Inc. (Arrowhead) for retaliatory discharge and failure to recall, in violation of the Minnesota Occupational Safety and Health Act and the state whistleblower statute. Arrowhead removed the case to the federal district court, alleging complete preemption under § 301 of the Labor Management Relations Act (LMRA), and then moved...

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