Lassiter v. Atkinson

Ninth Circuit Court of Appeals

Decided July 28, 1947.

Ninth Circuit Court of Appeals · decided 1947-07-28

Cited by 4 later decisions — most recently September 1962

4 federal appellate ·

2 counsel of record

Applies 29 U.S.C. § 251 (Employee Commuting Flexibility Act of 1996)

Relies on Lassiter v. Guy F. Atkinson Co.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1947-07-28

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¶1Bogle, Bogle & Gates, Edward G. Dobrin, and Robert W. Graham, all of Seattle, Wash., for Guy F. Atkinson Company.

¶2Zabel, Poth & Paul, and Frederick Pad, all of Seattle, Wash., for Lassiter and Morrison.

¶3Before GARRECHT, MATHEWS, and HEALY, Circuit Judges.

¶4PER CURIAM.

¶5The judgment of this court entered herein on May 28, 1947, 162 F.2d 774, is hereby vacated.

¶6The oral motion of defendant, Guy F. Atkinson Company, on April 16, 1947, to dismiss its appeal as to certain counts of the complaint herein is hereby vacated and deemed withdrawn, and said appeal is hereby reinstated as to said counts.

¶7As to all counts of said complaint on which the District Court entered judgment against defendant, this case is remanded to that court, and, on remand, that court shall have power to consider any matters presented to it under the Portal-to-Portal Act of 1947, 29 U.S.C.A. § 251 et seq.