DeSoto v. Yellow Freight Systems, Inc.
This text of 851 F.2d 1207 (DeSoto v. Yellow Freight Systems, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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 [1208]*1208district court for further proceedings on the state law claim.
REVERSED and REMANDED.
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851 F.2d 1207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/desoto-v-yellow-freight-systems-inc-ca9-1988.