TREVINO v. RAMOS

No. 97-41493.

197 F.3d 777 (1999)

Agustina TREVINO, Herminia Herrera, Beatriz Olivarez and Gloria Guajardo, Plaintiffs-Appellants, v. Mike RAMOS; et al., Defendants, Levi Strauss & Co., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 7, 1999.


Attorney(s) appearing for the Case

Chris Anthony Brisack (argued), Neil Ernest Norquest, Norquest & Brisack, McAllen, TX, L. Aaron Pena, Jr., Aaron Pena & Associates, Edinburg, TX, for Plaintiffs-Appellants.

George P. Parker, Jr. (argued), Raquel G. Perez, Bracewell & Patterson, San Antonio, TX, for Defendant-Appellee.

Before EMILIO M. GARZA and PARKER, Circuit Judges, and COBB, District Judge.


ROBERT M. PARKER, Circuit Judge:

Plaintiffs appeal the district court's denial of their motion to remand. Because plaintiffs' claim for retaliatory discharge is not pre-empted by federal law and because 28 U.S.C. § 1445(c) (1994) precludes removal of claims arising under the workers' compensation laws of any state, we find that the district court erred in denying plaintiffs' motion to remand. REVERSED.

I. FACTUAL HISTORY AND PROCEEDINGS BELOW.

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