Jeffress v. Huntington Rest Grp

U.S. Court of Appeals for the Fifth Circuit

Jeffress v. Huntington Rest Grp

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_______________________

No. 98-11373 _______________________

JOE BOB JEFFRESS,

Plaintiff-Appellee,

versus

HUNTINGTON RESTAURANTS GROUP, INC., d/b/a/ DENNY’S,

Defendant-Appellant. _________________________________________________________________

Appeal from the United States District Court for the Northern District of Texas (3:98-CV-690-T) _________________________________________________________________

November 11, 1999

Before DAVIS, JONES, and MAGILL*, Circuit Judges.

EDITH H. JONES, Circuit Judge:**

The court has carefully considered this appeal in light

of the briefs and pertinent portions of the record. Having done

so, we are unable to conclude that the arbitrator’s decision was so

at odds with the policy or prescriptions of the Americans with

Disabilities Act as to violate public policy. United Paperworkers

Int’l Union , AFL-CIO v. Misco, Inc.,

484 U.S. 29

,

108 S.Ct. 364

(1987). We are also unable to modify this court’s rule that an

arbitration award will not be overturned even if it manifestly

* Circuit Judge of the Eighth Circuit, sitting by designation. ** 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. disregards applicable law. R.M. Perez v. Welch,

960 F.2d 534

, 539-

40 (5th Cir. 1992). In so noting the law, we express no opinion on

whether the arbitrator’s award exhibited manifest disregard; we

hold only that we may not ignore governing circuit authority. The

judgment of the district court is AFFIRMED.

2

Reference

Status
Unpublished