Legal Opinion

Lathrop v. ENTERNMANN'S, INC.

Colorado Court of Appeals

Decided January 23, 1989No. 87CA0876PublishedCited by 54 opinions

1Opinion of the Court

CRISWELL, Judge.

Plaintiff, Kenneth W. Lathrop, appeals from the summary judgment dismissing his claims for wrongful discharge against the defendant, Entenmann’s, Inc. The district court entered its judgment because it concluded that all of the claims asserted by plaintiff were “pre-empted” by the provisions of § 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1982). Because we conclude that none of plaintiff’s claims are pre-empted by this statute, and because there exist genuine issues of fact to be resolved, we reverse.

Defendant is in the bakery business. Certain of its…

2Cases cited22 opinions

  1. Vaca v. SipesSupreme Court of the United States · 1967
  2. DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
  3. Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
  4. United Steelworkers v. American Manufacturing Co.Supreme Court of the United States · 1960
  5. Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985

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3Cited by54 opinions

  1. Martin Marietta Corp. v. LorenzSupreme Court of Colorado · 1992
  2. Barlow, Jr. v. C.R. England Inc.Court of Appeals for the Tenth Circuit · 2012
  3. Crawford Rehabilitation Services, Inc. v. WeissmanSupreme Court of Colorado · 1997
  4. Phillips v. Butterball Farms Co.Michigan Supreme Court · 1995
  5. Niesent v. Homestake Mining Co. of CaliforniaSouth Dakota Supreme Court · 1993

49 more not listed; retrieve them via the Exa API.

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