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TEXAS EMPLOYERS' INS. ASS'N v. JACKSON

Nos. 85-2583, 85-2690.

862 F.2d 491 (1988)

TEXAS EMPLOYERS' INSURANCE ASSOCIATION, Plaintiff-Appellee, v. Leroy JACKSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 13, 1988.

Attorney(s) appearing for the Case

Richard Schechter, Schechter, Eiseman & Solar, Houston, Tex., for jackson.

Thomas C. Fitzhugh, III, Houston, Tex., for amicus curiae Highlands Ins. Co. and Delaware North.

W. Robins Brice, Houston, Tex., for amicus curiae West Gulf Maritime (on behalf of plaintiff-appellee).

Reagan Wm. Simpson, Steven Lynn Roberts, Fulbright & Jaworski, Houston, Tex., Arthur R. Miller, Cambridge, Mass., Stephen Pate, Houston, Tex., for Texas Employers' Ins. Assn.

Before CLARK, Chief Judge, BROWN, GEE, RUBIN, REAVLEY, POLITZ, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES and SMITH, Circuit Judges.

GARWOOD, Circuit Judge:

This case involves the authority of a federal district court to enjoin the prosecution of a previously filed state court civil suit and declare the purported state law causes of action therein asserted preempted by the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §§ 901-950.

The state suit was brought by appellant Leroy Jackson (Jackson), a workman who had been injured in the course of his LHWCA-covered...

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