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BRIDGES v. PHILLIPS PETROLEUM CO.

No. 83-1283.

733 F.2d 1153 (1984)

Virginia BRIDGES, J.R. Manning, Kerry Dane Manning, and Sally Bridges Pierce, Plaintiffs-Appellants, v. PHILLIPS PETROLEUM COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 11, 1984.

Attorney(s) appearing for the Case

Betty Newby, Borger, Tex., for plaintiffs-appellants.

Gibson, Ochsner & Adkins, Thomas C. Riney, Amarillo, Tex., for defendant-appellee.

Before RUBIN, JOHNSON, and DAVIS, Circuit Judges.

PER CURIAM:

Plaintiffs, parents of the decedent,1 brought this action alleging gross negligence and seeking exemplary damages for the death of their son, Kim Manning, who died as a result of injuries arising out of the course of his employment with defendant Phillips Petroleum. Because both defendant and decedent were covered by the Texas Workers' Compensation Act, plaintiffs were precluded from bringing a wrongful death action for actual...

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