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WAGGONER v. NORTHWEST EXCAVATING, INC.

Nos. 78-2816, 78-2984.

685 F.2d 1224 (1982)

William C. WAGGONER, et al., Plaintiffs-Appellees/Cross-Appellants, v. NORTHWEST EXCAVATING, INC., Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

September 3, 1982.

Attorney(s) appearing for the Case

Wayne Jett, Los Angeles, Cal., for Waggoner.

Stanley E. Tobin, Los Angeles, Cal., argued, for defendant-appellant and cross-appellee; James G. Johnson, Hill, Farrer & Burrill, Los Angeles, Cal., on brief.

Before PREGERSON and NELSON, Circuit Judges, and TURRENTINE, District Judge.

PREGERSON, Circuit Judge:

This case is before us on remand from the Supreme Court, Northwest Excavating Inc. v. Waggoner, ___ U.S. ___, 102 S.Ct. 1417, 71 L.Ed.2d 640 (1982). The Court vacated our earlier opinion, Waggoner v. Northwest Excavating, Inc., 642 F.2d 333 (9th Cir. 1981) and remanded the case for further consideration in light of Kaiser Steel Corp. v. Mullins, ___ U.S. ___, 102 S.Ct. 851, 70 L.Ed.2d...

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