U.S. Court of Appeals for the Ninth Circuit, 1988

DeSoto v. Yellow Freight Systems, Inc.

U.S. Court of Appeals for the Ninth Circuit · Decided July 11, 1988 · Alarcon, Brunetti, Noonan

851 F.2d 1207 (Federal Reporter, Second Series)

Counsel

Theodore W. Russell, John C. Russell, Los Angeles, Cal., for defendant-appellant., Robert D. Newman, Los Angeles, Cal., for plaintiff-appellee., Richard W. Smith, Sacramento, Cal., for amicus curiae.

Cases that cite this one

1 later published case cites this decision.

John Desoto v. Yellow Freight Systems, Inc. (9th Cir. 1988)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

On June 13,1988, the Supreme Court, 108 S.Ct. 914, vacated this court’s judgment in this case and remanded for further consideration in light of Lingle v. Norge Division of Magic Chef, Inc., _ U.S _, 108 S.Ct. 1877, 100 L.Ed.2d 410 (1988). Lingle holds the state law claims that do not require interpretation of a collective-bargaining agreement are not preempted by section 301 of the Labor Management Relations Act, 29 U.S.C. § 185. We accordingly reverse our holding that DeSoto’s state law claim was preempted by section 301 and remand to the *1208district court for further proceedings on the state law claim.

REVERSED and REMANDED.

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