Max K. Weisbarth v. Hawaiian Tug & Barge Co. Inlandboatmens Union of the Pacific John Does 1-20

28 F.3d 111 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Max K. WEISBARTH, Plaintiff-Appellant, v. HAWAIIAN TUG & BARGE CO.; Inlandboatmens Union of the Pacific; John Does 1-20, Defendants-Appellees. No. 93-15645. United States Court of Appeals, Ninth Circuit. Submitted May 12, 1994. * Decided May 31, 1994. Before: FARRIS, BEEZER and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Max Weisbarth appeals the district court's order granting summary judgment in favor of his employer, Hawaiian Tug and Barge Corp. ("Hawaiian Tug"), and his labor union, Inlandboatmen's Union of the Pacific ("the union"). The district court concluded that Weisbarth's tort claims required interpretation of the collective bargaining agreement ("CBA") between Hawaiian Tug and the union, and were therefore preempted by section 301 of the Labor Management Relations Act ("LMRA"), 29 U.S.C. Sec. 185 . We have jurisdiction under 28 U.S.C. Sec. 1291 and we affirm. 3 * Weisbarth was employed for several…