FRAKES v. CRETE CARRIER CORP.

No. 08-10603.

579 F.3d 426 (2009)

Lawrence FRAKES, Plaintiff-Appellant, v. CRETE CARRIER CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 12, 2009.


Attorney(s) appearing for the Case

Robert John Clary, Owens, Clary & Aiken, L.L.P., Dallas, TX, for Plaintiff-Appellant.

Sheri Lyn Caldwell, Hilaree A. Casada, Monte Keith Hurst, Hermes Sargent Bates, Dallas, TX, for Defendant-Appellee.

Before WIENER, GARZA, and ELROD, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

In this diversity case, plaintiff Lawrence Frakes ("Frakes") filed suit for slander against his former employer, Crete Carrier Corporation ("Crete"). The district court granted Crete's motion for summary judgment, finding that the defamatory statement alleged by Frakes was subject to a qualified privilege under Texas law. Frakes now appeals. For the following reasons, we affirm the judgment of the district court.

I

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