[Download] "Britt v. Grocers Supply Co." by United States Court of Appeals for the Fifth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Britt v. Grocers Supply Co.
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 15, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
DUHE, Circuit Judge: These two cases were consolidated on appeal, but tried separately. Both suits were brought by groups of former employees of Grocers Supply Company. The Britt plaintiffs appeal the district court's holding that the National Labor Relations Act, 29 U.S.C. §§ 151-187 (1988), preempts claims of age discrimination asserted under the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 (1988). They also appeal the district court's granting summary judgment on the merits of their age discrimination claims. The Hamilton plaintiffs appeal the district court's granting a directed verdict in favor of the defendants on the plaintiffs' age discrimination claims. They also appeal the district court's granting summary judgment on their claims of breach of contract and intentional infliction of emotional distress and duress. The defendant, Grocers Supply, argues that the Britt plaintiffs' notice of appeal is insufficient under Rule 3(c) of the Federal Rules of Appellate Procedure. We find that the Age Discrimination in Employment Act (ADEA) controls this litigation and not the National Labor Relations Act (NLRA), and that notice of appeal by the Britt plaintiffs was sufficient under Rule 3(c) and its interpretation in Torres v. Oakland Scavenger Co., 487 U.S. 312, 108 S. Ct. 2405, 101 L. Ed. 2d 285 (1988). Additionally, we find no error in the summary judgment in the Britt case, nor do we find error in the directed verdict or summary judgment in the Hamilton case. In sum, we disagree with the district court on the preemption issue but affirm its judgment.