Cotton Belt Railroad v. Hendricks

Gary Hendricks brought this action against the Cotton Belt Railroad (hereafter referred to as “the Railroad”) and twenty-one individually named defendants. He alleged defamation, libel, conspiracy and interference with contractual relationships. The cause went to the jury only on the theory of libel, and Hendricks requested damages based upon loss of earnings and mental anguish.

The Railroad contends that the trial court erred in hearing the case and in overruling its judgment non obstante veredicto and motion for new trial because the cause of action is pre-empted by the Railway Labor Act, 45…