Gonzalez v. City of San Antonio

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-50287 Summary Calendar

LEON GONZALEZ, JR.,

Plaintiff-Appellant,

versus

CITY OF SAN ANTONIO; JIM WELLS, Individually and in his Official Capacity as a San Antonio Police Officer; SOUTHWEST BELL TELEPHONE COMPANY; J.E. GREBER, Individually and in his Official Capacity as Administrator of Southwestern Bell Telephone Company,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. 97-50287 - - - - - - - - - - November 3, 1997 Before JOLLY, BENAVIDES and PARKER, Circuit Judges.

PER CURIAM:*

Leon Gonzalez, Jr., appeals the dismissal, without

prejudice, for failure to state a claim of his wrongful-

termination lawsuit. He contends that the district court erred

in refusing to remand the case to state court and in dismissing

his complaint.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 97-50287 -2-

We have reviewed the briefs and the record and find no

error. Gonzalez’s claims were preempted by § 301 of the Labor

Management Relations Act, 29 U.S.C. § 185. See, e.g., Thomas v.

LTV Corp., 39 F.3d 611, 616 (5th Cir. 1994). Because he failed

to exhaust his contractual remedies prior to instituting this

lawsuit, dismissal without prejudice was appropriate. Allis-

Chalmers Corp. v. Lueck, 471 U.S. 202, 204 n.1, 220-21 (1985).

AFFIRMED.