MASTERS v. DANIEL INTERN. CORP.

No. 88-1345.

917 F.2d 455 (1990)

Ronald MASTERS, Petitioner-Appellant, v. DANIEL INTERNATIONAL CORPORATION, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 13, 1990.


Attorney(s) appearing for the Case

Dan L. Wulz of Bryan, Lykins, Hejtmanek & Wulz, Topeka, Kan., for petitioner-appellant.

Leonard J. Spooner of Thompson, Mann and Hutson, Greenville, S.C., Lizabeth Lee Walther of Thompson, Mann and Hutson, Washington, D.C., and Arthur E. Palmer of Goodell, Stratton, Edmonds & Palmer, Topeka, Kan., for respondent-appellee.

Before McKAY and TACHA, Circuit Judges, and RUSSELL, District Judge.


PER CURIAM.

In our original panel opinion, 895 F.2d 1295, we affirmed the district court's dismissal of Petitioner-Appellant Ronald Masters' Complaint alleging a state-law claim for retaliatory discharge against his employer, Respondent-Appellee Daniel International Corporation ("Daniel"). We held that Section 210 of the Energy Reorganization Act, 42 U.S.C. § 5851 (the "Act"), pre-empts...

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