Legal Opinion
Ciro Balliache v. Fru-Con Construction Corp.
Court of Appeals for the Fifth Circuit
Decided March 1, 1989No. 88-3654PublishedCited by 9 opinions
1Per curiam
A group of former and present employees of Fru-Con Construction Corporation (“Fru-Con”) sued Fru-Con in Louisiana state court for paying them below the prevailing wage rate allegedly required by La. R.S. 38:2301 1 and Jefferson Parish Ordinance No. 15,944. Fru-Con successfully removed the case to federal district court based upon diversity of citizenship. The district court then granted Fru-Con’s Fed. R.Civ.P. 12(b)(6) motion to dismiss plaintiffs’ claims, reasoning that no private right of action existed under either the statute or the ordinance. We affirm.
I. Standard of Review.
Where a case,…
2Cases cited10 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Angel v. BullingtonSupreme Court of the United States · 1947
- Commonwealth Life Insurance Company v. Francis Craig NealCourt of Appeals for the Fifth Circuit · 1982
- David R. Green v. Amerada-Hess CorporationCourt of Appeals for the Fifth Circuit · 1980
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State of La. v. Sprint Communications Co.District Court, M.D. Louisiana · 1995
- City Public Service Board, City of San Antonio, Acting by and Through Its City Public Service Board v. General Electric CompanyCourt of Appeals for the Fifth Circuit · 1991
- Texas Employers Insurance v. Underwriting Members of LloydsDistrict Court, S.D. Texas · 1993
- Pierre v. American-International Travel, Inc.District Court, M.D. Louisiana · 1989
- Durham, Inc. v. Vanguard Bank & Trust Co.District Court, E.D. Louisiana · 1994
4 more not listed; retrieve them via the Exa API.