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UNITED STATES DISTRICT COURT DISTRICT OF MAINE

STEPHEN DAIGLE,

) ) Plaintiff, ) ) v. ) ) THE PRUDENTIAL INSURANCE ) COMPANY OF AMERICA, ) ) Defendant )

Civil No. 99-135-B

Recommended Decision on Defendant's Motion to Dismiss Presently referred to the Court for recommendation is Defendant's Motion to Dismiss (Docket No. 2). Defendant asks the Court to dismiss Plaintiff's claim for earned commissions because it is preempted by the Labor Management Relations Act, 29 U.S.C.

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Maine Law