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CUPIT v. WALTS

No. 95-40557.

90 F.3d 107 (1996)

Danny CUPIT and Betty Cupit, Plaintiffs-Appellants, v. Charles WALTS, doing business as Merchants, Inc.; Merchants Fast Motor Lines, Inc.; and Gypsum Transport, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 22, 1996.

Attorney(s) appearing for the Case

Douglas E. Lowe, Douglas E. Lowe & Associates, Palestine, TX, Paul E. White, Lufkin, TX, for plaintiffs-appellants.

Edmund Burke Huber, Jr., Ramon Daniel Bissmeyer, Foster, Heller & Kilgore, San Antonio, TX, for defendants-appellees.

Before SMITH, DUHÉ and DeMOSS, Circuit Judges.

PER CURIAM:

Plaintiffs-Appellants Danny and Betty Cupit, husband and wife, appeal from the district court's grant of summary judgment in favor of Defendants-Appellees Walts, Merchants and Gypsum (collectively, Defendants). We find the Cupits' appeal unmeritorious, but write nonetheless to remove any doubt about this Circuit's position on federal preemption under § 301 of the Labor Management Relations Act (LMRA),1 relative to those...

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