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BRANSON v. GREYHOUND LINES, INC.

No. 96-50881.

126 F.3d 747 (1997)

Jennell L. BRANSON, Plaintiff-Appellant, v. GREYHOUND LINES, INC., AMALGAMATED COUNCIL RETIREMENT AND DISABILITY PLAN; Greyhound Lines, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 30, 1997.

Attorney(s) appearing for the Case

Michael Timothy Milligan, El Paso, TX, for Plaintiff-Appellant.

Lawrence J. McNamara, Paul G. Nason, Liddell, Sapp, Zivley, Hill & LaBoon, Dallas, TX, James Trevor McNutt, Jr., Scott, Hulse, Marshall, Feville, Finger & Thurmond, El Paso, TX, for Greyhound Lines, Inc.

G. Gordon Atcheson, Blake & Uhlig, Kansas City, KS, Thomas A. Spieczny, El Paso, TX, for Greyhound Lines, Inc., Amalgamated Council Retirement and Disability Plan.

Before JONES, EMILIO M. GARZA and PARKER, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Jennell L. Branson appeals from the district court's order dismissing his claims against Greyhound Lines, Inc. ("Greyhound" or "GLI") and Greyhound Lines, Inc., Amalgamated Council Retirement and Disability Plan (the "Plan"). The district court held as a matter of law that Branson's breach of contract claim against Greyhound was preempted by section 8 of the National Labor Relations Act ("NLRA"), 29 U.S.C. § 158, and section 301...

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