U.S. Court of Appeals for the Ninth Circuit, 1947

Lassiter v. Atkinson

U.S. Court of Appeals for the Ninth Circuit · Decided July 28, 1947

166 F.2d 144 (Federal Reporter, Second Series)

Counsel

Bogle, Bogle & Gates, Edward G. Dobrin, and Robert W. Graham, all of Seattle, Wash., for Guy F. Atkinson Company., Zabel, Poth & Paul, and Frederick Pad, all of Seattle, Wash., for Lassiter and Morrison.

Cases that cite this one

3 later published cases cite this decision.

Russell M. Smith v. John J. Cremins, Jr., John F. Mahon, Jr. (9th Cir. 1962)
Lassiter v. Guy F. Atkinson Co. (9th Cir. 1949)
Webster-Brinkley Co. v. Belfield (9th Cir. 1948)

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.

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

The 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on April 16, 1947, to dismiss its appeal as to certain counts of the complaint herein is hereby vacated and deemed withdrawn, and said appeal is hereby reinstated as to said counts.

As 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.

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