Legal Opinion
Marion Gulizo Trupiano, Widow of George P. Trupiano, Sr. v. Swift & Co., N/k/a Estech, Inc.
Court of Appeals for the Fifth Circuit
Decided March 18, 1985No. 84-3333PublishedCited by 5 opinions
1Opinion of the Court
REAVLEY, Circuit Judge:
Marion Gulizo Trupiano, the widow of George P. Trupiano, Sr., and her six children appeal the dismissal under Fed.R. Civ.P. 12(b)(6) of this diversity action seeking damages from Trupiano’s former employer, Swift and Company, arising from his death on January 5, 1983. Because we read the complaint to state valid grounds for a tort action under Louisiana law, an action not precluded by Louisiana Worker’s Compensation law, we reverse the judgment of the district court and remand the case to the district court for further proceedings.
George P. Trupiano, Sr., was employed…
2Cases cited11 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Bazley v. TortorichSupreme Court of Louisiana · 1981
- Owens v. MartinSupreme Court of Louisiana · 1984
- Julius Ducre v. The Executive Officers of Halter Marine, Inc.Court of Appeals for the Fifth Circuit · 1985
- James Woodard, Guardian of Rayellea Woodard, a Child v. Los Fresnos Independent School DistrictCourt of Appeals for the Fifth Circuit · 1984
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3Cited by5 opinions
- Auster Oil & Gas, Inc. v. Matilda Gray StreamCourt of Appeals for the Fifth Circuit · 1985
- Andrew Daniel Krempp, Etc. v. Gary Dobbs, EsquireCourt of Appeals for the Fifth Circuit · 1985
- Tom M. Bush v. United States of America, U.S. Department of StateCourt of Appeals for the Fifth Circuit · 1987
- Johnson v. Ashland Oil, Inc.Louisiana Court of Appeal · 1996
- Bergeron v. Celotex Corp.District Court, E.D. Louisiana · 1991