Kim Hunter v. Continental Airlines, Inc., a Delaware Corporation

Good Law
26 F.3d 130·1994 WL 202444·1994 U.S. App. LEXIS 21727
United States Court of Appeals for the Ninth CircuitMay 24, 199493-15426California1,547 words

Opinion

Opinion

26 F.3d 130 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kim HUNTER, Plaintiff-Appellant, v. CONTINENTAL AIRLINES, INC., a Delaware Corporation, Defendant-Appellee. No. 93-15426. United States Court of Appeals, Ninth Circuit. Submitted May 12, 1994. * Decided May 24, 1994. Before: FARRIS, BEEZER, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Plaintiff-appellant Kim Hunter appeals the district court's dismissal of his claim that defendant-appellee Continental Airlines breached Hunter's employment contract. The district court dismissed the action on the basis that Hunter's claim is preempted by the Railway Labor Act, 45 U.S.C. Secs. 151-188 , which provides an exclusive remedy of arbitration. Hunter appeals, arguing that the district court erred in failing to conclude that his claim presents "exceptional circumstances" sufficient to confer jurisdiction upon the district court. We affirm. 3 * Hunter alleges that his termination was in breach of Continental's Pilot…

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