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GUTIERREZ v. FLORES

No. 07-41285.

543 F.3d 248 (2008)

Rodolfo GUTIERREZ, Plaintiff-Appellant, v. Ramiro FLORES, Aurelino Garcia, Hector Gallardo, and Deborah Goding, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 22, 2008.

Attorney(s) appearing for the Case

Jon Daniel Brooks, Brooks, LLP, Corpus Christi, TX, for Plaintiff-Appellant.

James Roddy Tanner, Christopher Alan Troutt, Tanner & Associates, PC, Fort Worth, TX, Kevin M. Grile, Am. Fed. of Government Employees, Chicago, IL, for Defendants-Appellees.

Before BARKSDALE, BENAVIDES and DENNIS, Circuit Judges.

BENAVIDES, Circuit Judge:

This case involves a dispute among members of the American Federation of Government Employees, Local 2142 (the "union"). Appellant Rodolfo Gutierrez ("Gutierrez"), a former Vice President of the union, brought suit in Texas state court alleging libel, libel per se, and intentional infliction of emotional distress. Appellees removed the action to federal district court, alleging that Gutierrez's claims were completely preempted by federal...

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