U.S. Court of Appeals for the Fifth Circuit, 1975

Boire v. Pilot Freight Carriers, Inc.

U.S. Court of Appeals for the Fifth Circuit · Decided October 17, 1975

521 F.2d 795 (Federal Reporter, Second Series)

Counsel

Elliott Moore, Deputy Assoc. Gen. Counsel, Marvin Roth, Deputy Asst. Gen. Counsel, William R. Hayden, Abigail Cooley, Charles I. Cohen, NLRB, Washington, D. C., for plaintiff-appellant cross-appellee., L. N. D. Wells, Jr., Dallas, Tex., ami-cus curiae, for Truck Drivers, Local Union 512., James M. Blue, James Facciolo, Miami, Fla., Granville M. Alley, Jr., Tampa, Fla., for defendants-appellees cross-appellants.

Cases that cite this one

1 later published case cites this decision.

Siegel v. Marina City Co. (United States District Court for the Central District of California 1977)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM:

In petition for rehearing filed in this case it is contended that the Court failed to give consideration to the Second Circuit opinion in Seeler v. Trading Port, Inc., 517 F.2d 33 (2d Cir. 1975). The Court did consider that decision but did not totally agree with it. To the extent that our reasoning differs from the Second Circuit’s rationale we decline to follow it.

The Petition for Rehearing is Denied and the Court having been polled at the request of one of the members of the Court and a majority of the Circuit Judges who are in regular active service not having voted in favor of it, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is also denied.

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