Legal Opinion
James H. McLellan v. Mississippi Power & Light Company, International Brotherhood of Electricalworkers, Local 605 Electrical Workers
Court of Appeals for the Fifth Circuit
Decided January 20, 1977No. 73-3226PublishedCited by 222 opinions
1Opinion of the Court
TJOFLAT, Circuit Judge:
This case presents the question of whether an employee discharged from private employment solely because he filed a petition in voluntary bankruptcy has a cause of action against his employer and his union under 42 U.S.C. § 1985(3).1 A divided panel of this court answered in the affirmative.2 Because of the far-reaching consequences of the holding, we convened an en banc court to consider it.3
I
James McLellan had been employed at Mississippi Power & Light Co. (MPL) for five years when, on May 17,1972, he filed a voluntary petition in bankruptcy. Since this action…
2Cases cited58 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Roe v. WadeSupreme Court of the United States · 1973
- Monroe v. PapeSupreme Court of the United States · 1961
- Griswold v. ConnecticutSupreme Court of the United States · 1965
- Meachum v. FanoSupreme Court of the United States · 1976
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3Cited by222 opinions
- Galustian v. PeterCourt of Appeals for the Fourth Circuit · 2010
- Anthony Aron v. United StatesCourt of Appeals for the Eleventh Circuit · 2002
- Rogin v. Bensalem TownshipCourt of Appeals for the Third Circuit · 1980
- Hector GARCIA, Etc., Plaintiff-Appellant, v. Alton v. W. GLOOR Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1980
- Carver v. AtwoodCourt of Appeals for the Fifth Circuit · 2021
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