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SIMPSON v. EMPIRE TRUCK LINES, INC.

No. 08-40410.

571 F.3d 475 (2009)

Darrell SIMPSON, Plaintiff-Appellant, v. EMPIRE TRUCK LINES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 11, 2009.

Attorney(s) appearing for the Case

Frederick Leighton Durham, III (argued), Durham & Pittard LLP, Dallas, TX, Melissa Smith, Gilliam & Smith, Marshall, TX, for Darrell Simpson.

Paul Wesley Black (argued), Michael P. Sharp, Fee, Smith, Sharp & Vitullo, Dallas, TX, for Empire Truck Lines, Inc.

Before JONES, Chief Judge, ELROD, Circuit Judge, and GUIROLA, District Judge.

GUIROLA, District Judge:

Darrell Simpson appeals the district court's decision that he did not have a claim against Empire Truck Lines, Inc., pursuant to the Texas Workers Compensation Act ("TWCA"). Finding no error, we affirm.

I. BACKGROUND

Empire hired Rodgers Trucking to transport goods pursuant to its contract with United Parcel Service. Rodgers Trucking supplied the tractor-trailer and two drivers,...

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