Legal Opinion

Leroy Windfield v. Groen Division, Dover Corporation

Court of Appeals for the Fifth Circuit

Decided December 19, 1989No. 88-4830PublishedCited by 30 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

Leroy Windfield, appellant, sued his former employer, Groen Division, Dover Corporation (“Groen”) for breach of contract, breach of implied contract, promissory es-toppel, and fraud in Mississippi state court. Groen removed the suit to federal court on the basis of diversity of citizenship and then moved to dismiss because Windfield’s state law claims were allegedly preempted by the unfair labor practice provisions of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(1), 159(c) (“NLRA”). The court held that the NLRB had exclusive jurisdiction over Windfield’s…

2Cases cited16 opinions

  1. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  2. Lingle v. Norge Division of Magic Chef, Inc.Supreme Court of the United States · 1988
  3. John D. Williamson, Plaintiffs-Appellants-Cross v. Gordon G. Tucker, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1981
  4. Garner v. Teamsters, Chauffeurs & Helpers Local Union No. 776Supreme Court of the United States · 1954
  5. Linn v. United Plant Guard Workers of America, Local 114Supreme Court of the United States · 1966

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3Cited by30 opinions

  1. Calvin Walker v. Beaumont Indep School DistCourt of Appeals for the Fifth Circuit · 2019
  2. Batson v. ShiflettCourt of Appeals of Maryland · 1992
  3. Alice Hobbs v. Clarence Hawkins, Etc.Court of Appeals for the Fifth Circuit · 1992
  4. Richard L. Britt and Timothy Jackson, Jr. v. The Grocers Supply Company, Inc., James E. Hamilton v. The Grocers Supply Company, Inc.Court of Appeals for the Fifth Circuit · 1992
  5. Bible Way Church of Our Lord Jesus Christ of Apostolic Faith of Washington v. BeardsDistrict of Columbia Court of Appeals · 1996

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