Pummill v. Texas, New Mexico ( 2000 )

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 00-50012
Summary Calendar
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MICHAEL PUMMILL,
Plaintiff-Appellant,
versus
TEXAS, NEW MEXICO & OKLAHOMA COACHES, INC.,
Defendant-Appellee.
_________________________________________________________________
Appeal from the United States District Court
for the Western District of Texas
(EP-99-CV-182-F)
_________________________________________________________________
June 6, 2000
Before SMITH, BARKSDALE, and PARKER, Circuit Judges.
PER CURIAM:*
In contesting the FED. R. CIV. P. 12(b)(6) dismissal of his
action against his employer for breach of a collective bargaining
agreement, Michael Pummill asks only that we reverse Supreme Court
precedent holding that the applicable statute of limitations is six
months. See DelCostello v. International Bhd. of Teamsters, 462
U.S. 151, 169 (1983). But, as Pummill concedes, we cannot do so.
No authority need to cited for the rule that such precedent is
binding on this court.
*
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this opinion should not be published and is not precedent except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.
For the reasons stated by the district court, Pummill v.
Texas, New Mexico & Oklahoma Coaches, Inc., No. EP:99-CA-0182-F,
slip op. at 2-5 (W.D. Tex. 1 Dec. 1999), the judgment is
AFFIRMED.
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