ANDERSON v. AMERICAN AIRLINES, INC.

No. 93-2069.

2 F.3d 590 (1993)

Thomas Henry ANDERSON, Plaintiff-Appellant, v. AMERICAN AIRLINES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing En Banc Denied November 3, 1993.


Attorney(s) appearing for the Case

Ben A. Goff, Goff & Meador, Dallas, TX, for plaintiff-appellant.

Alfred John Harper, II, Julie A. Parraguirre, Fulbright & Jaworski, Houston, TX, for defendant-appellee.

Before GOLDBERG, HIGGINBOTHAM, and DAVIS, Circuit Judges.


GOLDBERG, Circuit Judge:

The question presented in this appeal is whether the Railway Labor Act or the Federal Aviation Act "completely pre-empts", and thus confers federal jurisdiction over, Thomas Anderson's state law claim that American Airlines ("American") retaliated against him for filing a workers' compensation claim. Because we find that Anderson's claim is not completely pre-empted, we reverse. We therefore remand with instructions to vacate the judgment...

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