Green v. Amerada-Hess Corp., AMERADA-HESS

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore AINSWORTH, FAY and RANDALL; AINSWORTH
Citation612 F.2d 212
Parties115 L.R.R.M. (BNA) 4986 David R. GREEN, Plaintiff-Appellant, v.CORPORATION, Defendant-Appellee. Summary Calendar. *
Decision Date21 February 1980
Docket NumberNo. 79-2927,AMERADA-HESS

Page 212

612 F.2d 212
115 L.R.R.M. (BNA) 4986
David R. GREEN, Plaintiff-Appellant,
v.
AMERADA-HESS CORPORATION, Defendant-Appellee.
No. 79-2927
Summary Calendar. *
United States Court of Appeals,
Fifth Circuit.
Feb. 21, 1980.

Page 213

Butler & Brown, James M. Brown, William C. Butler, Guy M. Walker, Laurel, Miss., for plaintiff-appellant.

Brunini, Gratham, Grower & Hewes, Edmund L. Brunini, Jr., John E. Milner, Jackson, Miss., for defendant-appellee.

Appeal from the United States District Court for the Southern District of Mississippi.

Before AINSWORTH, FAY and RANDALL, Circuit Judges.

AINSWORTH, Circuit Judge:

Appellant David R. Green brought a Mississippi diversity suit against appellee Amerada Hess Corporation claiming that he was wrongfully discharged from his job for pursuing his rights under Mississippi's workmen's compensation statute. The district court granted Amerada Hess' motion for summary judgment on the ground that appellant's claim did not state a valid cause of action under Mississippi law. On appeal, appellant Green argues that such a wrongful discharge raises a cognizable claim. Disagreeing with appellant's contention, we affirm the decision of the district court.

The facts relevant to this appeal are as follows. Appellant was first employed by Amerada Hess on January 1, 1972. He did not have a written contract of employment, but was hired for an indefinite period of time. On April 15, 1973, while in the employ of Amerada Hess, appellant Green sustained an injury as the result of an employment-related accident. Green filed an accident report the next day, but continued working until April 9, 1974 at which time he entered the hospital for diagnostic tests. After a one-week hiatus, appellant returned to work until October 1974 when he was hospitalized for back surgery. After recuperating, he resumed his employment in December 1974. On July 24, 1975, Green was dismissed allegedly in retaliation for

Page 214

seeking to pursue his rights to workmen's compensation. 1

Unlike other state statutes which explicitly provide for a civil action for a retaliatory discharge, See Tex.Rev.Civ.Stat.Ann. art. 8307c (Vernon Cum.Supp.1978), the Mississippi statute does not so provide. Mississippi Workmen's Compensation Law, Miss.Code Ann. § 71-3-1 Et seq. (1972). Moreover, Mississippi courts have not specifically decided the question whether an employer may be liable in damages for discharging an employee for pursuing his workmen's compensation rights. In the absence of controlling precedent, we must nonetheless decide this issue as we believe a Mississippi court would decide it. Loucks v. Star City Glass Co., 551 F.2d 745, 746 (7th Cir. 1977). In this regard, special weight must be given to the determination of the district court judge who is familiar with local law. See Bernhardt v. Polygraphic Company of America, 350 U.S....

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47 practice notes
  • Smith v. Atlas Off-Shore Boat Service, Inc., OFF-SHORE
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 21, 1981
    ...(8th Cir. 1980), as well as termination due to the employee's filing of a workman's compensation claim, 4 Green v. Amerada-Hess Corp., 612 F.2d 212 (5th Cir.) (applying Mississippi law), cert. denied, --- U.S. ----, 101 S.Ct. 356, 66 L.Ed.2d 216 This employer latitude is said to be reinforc......
  • Peabody Galion v. Dollar, No. 81-1391
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • December 11, 1981
    ...of those implied causes of action has focused upon applicability rather than preemption. See, e.g., Green v. Amerada-Hess Corp., 612 F.2d 212 (5th Cir. 1980) (no cause of action for retaliatory discharge to be found in Mississippi law; distinguishes states that provide by statute for civil ......
  • Jackson v. Johns-Manville Sales Corp., JOHNS-MANVILLE
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 22, 1986
    ...precedent, we must ... decide ... issue[s] as we believe a Mississippi court would decide [them]." Green v. Amerada-Hess Corp., 612 F.2d 212, 214 (5th Cir.), cert. denied, 449 U.S. 952, 101 S.Ct. 356, 66 L.Ed.2d 216 As a federal court, "it is not for us to adopt innovative theories of [stat......
  • McLinn, Matter of, No. 82-3644
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • August 7, 1984
    ...special weight was to be given to determination of district court judge who was familiar with local law.--Green v. Amerada-Hess Corp., 612 F.2d 212, rehearing denied 614 F.2d 1298, certiorari denied 101 S.Ct. 356, 449 U.S. 952, 66 L.Ed.2d C.A.Miss. 1978. When state decisional law affords no......
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47 cases
  • Smith v. Atlas Off-Shore Boat Service, Inc., OFF-SHORE
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 21, 1981
    ...(8th Cir. 1980), as well as termination due to the employee's filing of a workman's compensation claim, 4 Green v. Amerada-Hess Corp., 612 F.2d 212 (5th Cir.) (applying Mississippi law), cert. denied, --- U.S. ----, 101 S.Ct. 356, 66 L.Ed.2d 216 This employer latitude is said to be reinforc......
  • Peabody Galion v. Dollar, No. 81-1391
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • December 11, 1981
    ...of those implied causes of action has focused upon applicability rather than preemption. See, e.g., Green v. Amerada-Hess Corp., 612 F.2d 212 (5th Cir. 1980) (no cause of action for retaliatory discharge to be found in Mississippi law; distinguishes states that provide by statute for civil ......
  • Jackson v. Johns-Manville Sales Corp., JOHNS-MANVILLE
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 22, 1986
    ...precedent, we must ... decide ... issue[s] as we believe a Mississippi court would decide [them]." Green v. Amerada-Hess Corp., 612 F.2d 212, 214 (5th Cir.), cert. denied, 449 U.S. 952, 101 S.Ct. 356, 66 L.Ed.2d 216 As a federal court, "it is not for us to adopt innovative theories of [stat......
  • McLinn, Matter of, No. 82-3644
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • August 7, 1984
    ...special weight was to be given to determination of district court judge who was familiar with local law.--Green v. Amerada-Hess Corp., 612 F.2d 212, rehearing denied 614 F.2d 1298, certiorari denied 101 S.Ct. 356, 449 U.S. 952, 66 L.Ed.2d C.A.Miss. 1978. When state decisional law affords no......
  • Request a trial to view additional results

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