Legal Opinion
McCoy v. Hess Oil Virgin Islands Corp.
District Court, Virgin Islands
Decided September 16, 1999No. CIV.1995-132Published
1Opinion of the CourtMoore, Judge
MEMORANDUM
Defendants Hess Oil Virgin Islands Corp. ["HOVIC"] and United Steelworkers of America, AFL-CIO-CLC, ["USWA"] seek to dismiss plaintiff Calvin K. R. McCoy's ["McCoy"] complaint for failure to state a claim. As explained below, the Court will deny the defendants' motions.
FACTUAL SUMMARY
McCoy worked as a millwright at HOVIC for several decades. HOVIC suspended McCoy for insubordination in September, 1994, and later warned him upon his return to work that "racial comments would not be tolerated." (See Pl.'s Pet. to Vacate Arbitrator's Decision and Award, Nov. 3, 1995, Ex. A, at 2.) Upon…
2Cases cited13 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Vaca v. SipesSupreme Court of the United States · 1967
- DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
- Findley v. Jones Motor FreightCourt of Appeals for the Third Circuit · 1981
- Stroehmann Bakeries, Inc. v. Local 776, International Brotherhood of TeamstersCourt of Appeals for the Third Circuit · 1992
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