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LEE v. TYCO ELECTRONICS POWER SYSTEMS, INC.

No. Civ.A. 3:04-CV-2260D.

393 F.Supp.2d 429 (2005)

Michael Stephen LEE, Plaintiff, v. TYCO ELECTRONICS POWER SYSTEMS, INC., Defendant.

United States District Court, N.D. Texas, Dallas Division.

April 27, 2005.

Attorney(s) appearing for the Case

Jack Gulledge, Dallas, TX, for Plaintiff.

John V. Jansonius, Dallas, TX, for Defendant.

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

The instant motion to dismiss requires the court to decide whether defendant has demonstrated that plaintiff's breach of contract claim is preempted by § 301 of the Labor Management Relations Act of 1947 ("LMRA"), 29 U.S.C. § 185(a). Concluding it has not, the court denies the motion.

I

Plaintiff Michael Stephen Lee ("Lee") sues his former employer, Tyco Electronics...

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