Hyles v. Mensing

849 F.2d 1213 128 L.R.R.M. (BNA) 2746 , 129 L.R.R.M. (BNA) 2336 , 109 Lab.Cas. P 10,568 , 3 Indiv.Empl.Rts.Cas. 1248, 3 Indiv.Empl.Rts.Cas. 840 John C. HYLES, Plaintiff-Appellant, v. Eric MENSING; Solomon Bishaw; Duane Hewett; Paul Dempster; Gunnar Lundberg; American President Lines, Ltd.; Sailors' Union of the Pacific, and Does 1 through 10, Defendants-Appellees. No. 87-1858. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 9, 1988. Decided June 17, 1988. As Amended Aug. 3, 1988. Jeffrey L. Kerwin, Law Offices of Jeffrey L. Kerwin, Berkeley, Cal., for plaintiff-appellant. Dennis Daniels, San Francisco, Cal., John Henning, Kathleen S. King, Henning, Walsh & Ritchie, San Francisco, Cal., for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before WRIGHT, WALLACE and NELSON, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 "In yet another 'variant of a familiar theme' we are called upon to decide if the plaintiff's state law tort ... claims were properly removed to federal court and dismissed because they were preempted by federal labor law. The plaintiff's complaint was carefully worded to…