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RHUDY v. DIAMOND SHAMROCK CORP.

No. 01-82-0756-CV.

670 S.W.2d 291 (1983)

Donald F. RHUDY, Appellant, v. DIAMOND SHAMROCK CORPORATION, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied September 22, 1983.

Attorney(s) appearing for the Case

Robert D. McPherson, Houston, for appellant.

Allister Waldrop, Jr., Houston, for appellee.

Before EVANS, C.J., and DOYLE and COHEN, JJ.

OPINION

EVANS, Chief Justice.

The question on this appeal is whether the trial court erred in concluding, as a matter of law, that federal law preempted the plaintiff's cause of action brought under the Texas Worker's Compensation Act. Tex.Rev.Civ.Ann. art. 8307c (Vernon Supp. 1982). We reverse the trial court's judgment and remand the cause for a trial on the merits.

Donald F. Rhudy brought this suit...

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