Gutierrez v. Flores
Court of Appeals for the Fifth Circuit
1Opinion of the Court
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. Ap-pellees removed the action to federal district court, alleging that Gutierrez’s claims were completely preempted by federal law under the Civil Service Reform Act of 1978, 5 U.S.C. § 7101 et seq. (“CSRA”). The district court denied Gutierrez’s motion to…
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