CAROLLO

v.

UNITED STATES

Citator

Cited By (13 total)

• Bent E. Mortensen and Lise Lotte Mortensen v. First Fed. Sav. & Loan Ass'n, 549 F.2d 884 (3d Cir. 1977)
  …he subject to interstate commerce and its effect upon it are clearly nonexistent.” Id. See also United States v. Finis P. Ernest, Inc., 509 F. 2d 1256, 1258 (7th Cir.), cert. denied sub nom. Modern Asphalt Paving & Construction Co. v. United States, 423 U.S. 874, 96 S.Ct. 142, 46 L.Ed.2d 105 (1975), cert. denied, 423 U.S. 893, 96 S.Ct. 191, 46 L.Ed.2d 124 (1975) (separate appeals). We turn last to the Ninth Circuit opinions in Rasmussen v. American Dairy Association, 472 F. 2d 517 (9th Cir. 1972), cert. de…
• Carpenters Local Union NO. 1846 OF the United Bhd. OF Carpenters & Joiners OF Am., AFL-CIO v. Pratt-Farnsworth, Inc., 690 F.2d 489 (5th Cir. 1982)
  …e parties. 29 U.S.C. § 185(a). A section 301 claim must satisfy three requirements: (1) a claim of violation of (2) a contract (3) between an employer and a labor organization. E.g., Alvares v. Erickson, 514 F. 2d 156, 161 (9th Cir.), cert. denied, 423 U.S. 874, 96 S.Ct. 143, 46 L.Ed.2d 106 (1975). The plaintiffs concede that the two AGC defendants did not sign the collective bargaining agreement at issue in this case and therefore are not contractually bound by it. Nonetheless, the plaintiffs argue that…
• Burroughs v. Bd. OF Trs. OF the Pension Tr. Fund FOR Operating Eng'rs, 542 F.2d 1128 (9th Cir. 1976)
  …s of the trustees, the ultimate effect is that the trust is not operated for the “sole and exclusive benefit of the employees.” This finding is consistent with the law of this circuit. See Alvarez v. Erickson, 514 F. 2d 156 (9th Cir.), cert. denied 423 U.S. 874, 96 S.Ct. 143, 46 L.Ed.2d 106 (1975). IV. ARBITRARY AND CAPRICIOUS ACTION A break-in-employment rule is not by itself arbitrary and capricious, as the district court implicitly held. This court, as was the court in Kosty v. Lewis, 115 U.S. App.D.…