Evelyn J. McCauley v. Fred Meyer Inc Gary Roeter

67 F.3d 307 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Evelyn J. McCAULEY, Plaintiff-Appellee, v. FRED MEYER INC; Gary Roeter, Defendant-Appellant. No. 94-35319. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 13, 1995. Decided Sept. 28, 1995. 1 Before: SCHROEDER, REINHARDT, and FERNANDEZ Circuit Judges. 2 MEMORANDUM * 3 The defendants challenge the district court's decision that McCauley's two state causes of action were not preempted by Sec. 301 of Labor Management Relations Act (LMRA, 29 U.S.C. Sec. 185 (a)). We affirm in part and reverse in part, holding that McCauley's claim of intentional infliction of emotional distress is not preempted but that her claim of intentional interference with her employment contract is. 4 McCauley worked as a grocery checker at a Fred Meyer store. She was suspended following a shouting match with co-worker, Lisa Roeter. McCauley alleges that as she was leaving the store, Gary Roeter, Lisa Roeter's husband…