Brown
Brown v. Greyhound Lines Inc.
Opinion
Lead Opinion
MEMORANDUM *
Howard Brown brought this action in state court in 1997 against Greyhound Lines, Inc., alleging that he was unlawfully discharged from employment. Greyhound removed the case to federal district court, and Brown amended his complaint to allege discharge in violation of a collective bargaining agreement. The district court held that Brown’s claim had been conclusively adjudicated by the bankruptcy court and dismissed the complaint with prejudice. Brown appeals, and we affirm.
Greyhound discharged Brown in 1990 after Brown allegedly committed two acts of misconduct during a strike. In discharging him, Greyhound cited only one of the acts of misconduct. Shortly after Brown was terminated, Greyhound filed for bankruptcy. In 1991, the bankruptcy court confirmed a reorganization plan that asserted the jurisdiction of the bankruptcy court over claims such as Brown’s, and enjoined all creditors from bringing actions on their debts. Brown never filed a proof of claim in the bankruptcy court. The National Labor Relations Board and Brown’s union, however, filed proof of claims on behalf of several strikers, including Brown. Thereafter, Greyhound, with the approval of the…