# Alvy R. Harper v. San Diego Transit Corporation San Diego Afl-Cio Bus Drivers Local Division 1309 of the Amalgamated Transit Union

> Court of Appeals for the Ninth Circuit · June 25, 1985 · 764 F.2d 663

URL: https://www.frixlaw.com/law-library/cases/9473603

## Case

- **Full name:** Alvy R. HARPER, Plaintiff/Appellant, v. SAN DIEGO TRANSIT CORPORATION; San Diego AFL-CIO Bus Drivers Local Division 1309 of the Amalgamated Transit Union, Defendants/Appellees
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** June 25, 1985
- **Citations:** 764 F.2d 663; 119 L.R.R.M. (BNA) 3161; 1985 U.S. App. LEXIS 20124
- **Precedential status:** Published
- **Opinion:** Concurrence by Kennedy
- **Judges:** Kennedy, Hug, Ferguson
- **Cited by:** 57 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9473603

## How later opinions describe it (automated extraction)

- explaining that section 301 “hybrid” actions have a six-month statute of limitations and affirming dismissal of a section 301 “hybrid” action filed seven months after the claim accrued

## Opinion text

KENNEDY, Circuit Judge,
concurring:
I concur. If a state tort claim for wrongful discharge is encompassed also by the federal law pertaining to violation of the obligations of a collective bargaining agreement, federal law will control the case; and removal to a federal forum cannot be prevented merely by the structure of the state court pleadings. Olquin v. Consolidated Copper Co., 740 F.2d 1468, 1474 (9th Cir. 1984). Counsel must be alert to the consequence that in such cases the federal statute of limitations rule, not the limitations statute of the state, will be applicable. That is the case here.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9473603. Public record. Not legal advice.