U.S. Court of Appeals for the Ninth Circuit, 1970

Jack Martinez v. Phillips Petroleum Company

U.S. Court of Appeals for the Ninth Circuit · Decided April 28, 1970 · Duniway, Wright, Byrne

424 F.2d 547; 19 Wage & Hour Cas. (BNA) 587; 1970 U.S. App. LEXIS 9555 (Federal Reporter, Second Series)

Counsel

Weldon Wood (argued), McClenahan & Greenfield, Boise, Idaho, for appellants., J. Tyler Hull (argued), Bogle, Gates, Dobrin, Wakefield & Long, Seattle, Wash., Merrill & Merrill, Pocatello, Idaho, for appellee.

Cases that cite this one

2 later published cases cite this decision.

J. D. Williams v. Fenix & Scisson, Inc. (9th Cir. 1979)
National Automatic Laundry and Cleaning Council v. George P. Shultz, Secretary, U. S. Department of Labor (D.C. Cir. 1971)

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

PER CURIAM:

Martinez and others are plaintiffs below and appeal from a judgment dismissing their action on the ground that there is no liability. The district judge, the *548 Honorable Ray McNichols, wrote a careful and detailed opinion in the case which is reported at 283 F.Supp. 514 (1968). As to count one of the complaint, we affirm for the reasons stated by the district judge at 283 F.Supp. pp. 523-533. As to count two of the complaint, we affirm for the reason stated by the district judge under the heading “Issue of Law No. 10 states: ” at 283 F.Supp. pp. 521-523. We express no opinion as to the correctness of his decision under issues 8 and 9, discussed at 283 F.Supp. pp. 518-521.

Affirmed.

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