Legal Opinion

Paige v. Henry J. Kaiser Co.

Court of Appeals for the Ninth Circuit

Decided August 27, 1987No. Nos. 84-2246, 84-7866PublishedCited by 95 opinions

1Opinion of the Court

HUG, Circuit Judge:

Appellants brought this action in a California state court alleging that they had been required by their employer to fill generators with gasoline under unsafe conditions despite their protests, and that when they refused to do so, they were fired. The complaint alleged seven causes of action. The case was removed to federal court on the ground that the claims asserted were artfully pleaded federal claims.

I

Two claims for wrongful discharge based on state law were held to be completely preempted by section 301 of the Labor Management Relations Act (“LMRA”) and thus were held…

2Cases cited26 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  3. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  4. Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
  5. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936

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3Cited by95 opinions

  1. Parsons v. United Technologies Corp.Supreme Court of Connecticut · 1997
  2. Florian Sever v. Alaska Pulp Corporation Dennis Huse George Woodbury Jesse Cline Frank Roppel George Ishiyama Wayne Funk Ralph Fenner, Florian Sever v. Alaska Pulp Corporation Dennis Huse George Woodbury Jesse Cline Frank Roppel George Ishiyama Wayne Funk Ralph FennerCourt of Appeals for the Ninth Circuit · 1992
  3. Freund v. Nycomed AmershamCourt of Appeals for the Ninth Circuit · 2003
  4. Ruth L. Young v. Anthony's Fish Grottos, Inc. Anthony's Fish Grotto of La Jolla Anthony's Fish Grotto of La Mesa, Inc. And Ida TagliaferriCourt of Appeals for the Ninth Circuit · 1987
  5. Ethridge V. Harbor House RestaurantCourt of Appeals for the Ninth Circuit · 1988

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