Survival Systems Of The Whittaker Corp. v. United States District Court For The Southern District Of California

825 F.2d 1416 126 L.R.R.M. (BNA) 2229 , 107 Lab.Cas. P 10,105 , 2 Indiv.Empl.Rts.Cas. 853 SURVIVAL SYSTEMS OF the WHITTAKER CORP., et al., Petitioners, v. UNITED STATES DISTRICT COURT FOR the SOUTHERN DISTRICT OF CALIFORNIA, Respondent, and Millie Mae Rodriguez, Real Party in Interest. No. 85-7005. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 11, 1985. Decided Aug. 27, 1987. Robert C. Hayden, Los Angeles, Cal., for petitioners. Virginia M. Ebert, San Diego, Cal., for real party in interest. Appeal from the United States District Court for the Southern District of California. Before CHOY, HUG and SCHROEDER, Circuit Judges. HUG, Circuit Judge: Rodriguez's state court action, asserting various wrongful discharge claims and claims for intentional and negligent infliction of emotional distress, was removed on the basis of preemption under federal labor laws. The district judge granted summary judgment against Rodriguez on all claims except the claim for intentional infliction of emotional distress, which she remanded to state court. The defendants petition for a writ of mandamus to compel the district court to retain jurisdiction of that claim. We first…