Legal Opinion
Universal Communications Corporation v. James C. Burns
Court of Appeals for the Fifth Circuit
Decided October 1, 1971No. 71-1289PublishedCited by 20 opinions
1Per curiam
The District Court was correct in declining to remand this case to the state court and in dismissing it, as shown by its order which we append below. The complex regulatory scheme of federal labor law may not be avoided by merely artful pleading of a state cause of action.
Affirmed.
ORDER ON MOTION TO REMAND AND MOTION TO DISMISS
Universal Communications Corporation (Universal) commenced this action in Mobile County Circuit Court, seeking damages from Burns, an official of Local 1264 of the Electrical Workers Union, for “wrongful conduct and malicious mischief.” The basis of the complaint was an…
2Cases cited4 opinions
- Linn v. United Plant Guard Workers of America, Local 114Supreme Court of the United States · 1966
- Atkinson v. Sinclair Refining Co.Supreme Court of the United States · 1962
- Pollio & Son, Inc. v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of AmericaDistrict Court, E.D. New York · 1965
- Roywood Corp. v. Radio Broadcast Technicians Local Union No. 1264District Court, S.D. Alabama · 1968
3Cited by20 opinions
- James E. Peterson v. Harold Kennedy, Richard A. Berthelsen, and National Football League Players AssociationCourt of Appeals for the Ninth Circuit · 1985
- Paul E. Montplaisir v. Richard J. LeightonCourt of Appeals for the First Circuit · 1989
- Morgan Yawn, Jr. v. Southern Railway Company, Etc.Court of Appeals for the Fifth Circuit · 1979
- Prater v. United Mine Workers of AmericaCourt of Appeals for the Eleventh Circuit · 1986
- Amoco Oil Co. v. Local 99, International Brotherhood of Electrical WorkersDistrict Court, D. Rhode Island · 1982
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