Gallien, et al v. Gott, et al, No. 08-30415 (5th Cir. 2008)
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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED December 12, 2008 No. 08-30415 Charles R. Fulbruge III Clerk SALETA GALLIEN; RUSSELL GRIFFIN; NOAH LAUGHLIN Plaintiffs-Appellants v. CONOCO PHILLIPS COMPANY; LAKE ELLIS Defendants-Appellees Appeal from the United States District Court for the Western District of Louisiana No. 07-1912 Before HIGGINBOTHAM, BENAVIDES, and STEWART, Circuit Judges. PER CURIAM:* The plaintiffs-appellants sought relief from the defendants-appellees under theories of abuse of right and intentional infliction of emotional distress. The district court dismissed their claims with prejudice. It held that insofar as their claims derive from their terminations (in 2005 and 2006) by Conoco Phillips or its contractors, the claims are prescribed. Even if the claims had not been prescribed, it held that the plaintiffs failed to state claims of either intentional infliction of emotional distress or abuse of right, particularly in light * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 08-30415 of Louisiana s at-will employment law. Finally, there was and is no continuing tort that could emerge from Conoco Phillips alleged refusal to consider them for renewed employment for the reasons the plaintiffs-appellants allege. Finding no error in the district court s judgment, we AFFIRM. 2
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