MULLINS v. BIGLANE OPERATING CO.

No. 85-4275. Summary Calendar.

778 F.2d 277 (1985)

James Keith MULLINS, Plaintiff-Appellant, v. BIGLANE OPERATING COMPANY, Defendant, Oil Well Services and Supply Co., Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 17, 1985.


Attorney(s) appearing for the Case

Nicholas Van Wiser, Biloxi, Miss., for plaintiff-appellant.

Randall G. Long, Natie P. Caraway, Jackson, Miss., for defendant-appellee.

Before POLITZ, GARWOOD and E. GRADY JOLLY, Circuit Judges.


E. GRADY JOLLY, Circuit Judge.

In this diversity-based appeal from a Fed.R.Civ.P. 12(b)(6) dismissal of his tort action against his employer, Oil Well Services and Supply Co., Inc., the appellant James Mullins claims that he fits into a judicially created exception to the exclusive remedy provision of the Mississippi Workers' Compensation Act, Miss.Code Ann. § 71-3-9 (1982). Because we find that Mullins' workplace injury did not arise from a willful act but was...

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