Legal Opinion

Mowry v. United Parcel Service

Court of Appeals for the Tenth Circuit

Decided July 18, 2005No. 04-1092PublishedCited by 17 opinions

1Opinion of the Court

SEYMOUR, Circuit Judge.

Stanley C. Mowry brought this action against his former employer, United Parcel Service, Inc. (UPS), in Colorado state court alleging (1) unlawful termination in violation of public policy; (2) shorted wages; (3) retaliatory discharge; and (4) intentional infliction of emotional distress. UPS removed the case to federal district court on the basis of diversity jurisdiction. 28 U.S.C. § 1446. It then filed a motion to dismiss all claims on the basis that they were preempted by § 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185, and for failure to state a…

2Cases cited16 opinions

  1. Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
  2. Lingle v. Norge Division of Magic Chef, Inc.Supreme Court of the United States · 1988
  3. Williams v. MeeseCourt of Appeals for the Tenth Circuit · 1991
  4. Hawaiian Airlines, Inc. v. NorrisSupreme Court of the United States · 1994
  5. Martin Marietta Corp. v. LorenzSupreme Court of Colorado · 1992

11 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Miller v. Monumental Life InsuranceCourt of Appeals for the Tenth Circuit · 2007
  2. Benavidez v. Sandia National LaboratoriesDistrict Court, D. New Mexico · 2017
  3. Perez v. Qwest Corp.District Court, D. New Mexico · 2012
  4. Rael v. Smith's Food & Drug Centers, Inc.Court of Appeals for the Tenth Circuit · 2017
  5. Carroll v. City of AlbuquerqueDistrict Court, D. New Mexico · 2010

12 more not listed; retrieve them via the Exa API.

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