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SMITH v. HOUSTON OILERS, INC.

No. 95-20073.

87 F.3d 717 (1996)

Sherman SMITH; Tracy Smith, Plaintiffs-Appellants Cross-Appellees, v. HOUSTON OILERS, INC., doing business as The Houston Oilers; Floyd Reese; Steve Watterson, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

June 28, 1996.

Attorney(s) appearing for the Case

Jeffrey Lloyd Joyce, Houston, TX, Brian Antweil, Attorney at Law, Winstead, Sechrest & Minick, Houston, TX, for Plaintiffs-Appellants-Cross-Appellees.

Philip P. Sudan, Jr., Elza Vance Bullock, Jr., Ryan & Sudan, Houston, TX, Steve Underwood, Houston, TX, for Defendants-Appellees-Cross-Appellants.

Before POLITZ, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Sherman Smith and Tracy Smith sued the Houston Oilers and members of the Oilers' staff, alleging that the defendants required their participation in an abusive rehabilitation program under threats of being dismissed from the Oilers and blackballed from other teams in the National Football League. The district court dismissed the state claims based on the abusive rehabilitation program on the ground that those claims were preempted...

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