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DIGIANTOMMASO v. GLOBE NEWSPAPER CO., INC.

Civil Action No. 09-10127-NMG.

632 F.Supp.2d 85 (2009)

Alexander DiGIANTOMMASO and Robert Bibaud, Plaintiffs, v. GLOBE NEWSPAPER COMPANY, INC., Defendant.

United States District Court, D. Massachusetts.

June 22, 2009.

Attorney(s) appearing for the Case

Mark W. Batten, Eben A. Krim, Proskauer Rose LLP, Boston, MA, for Defendant.

Stephen R. Domesick, Boston, MA, for Plaintiffs.

MEMORANDUM & ORDER

GORTON, District Judge.

Plaintiffs in this putative class action assert claims for breach of an implied contract and related causes of action arising out of their employer's elimination of two paid coffee breaks. The defendant has moved to dismiss the complaint on the grounds that plaintiffs' state law claims are preempted by federal law and the plaintiff has moved to remand.

I. Factual Background

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