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DOGHERRA v. SAFEWAY STORES, INC.

Nos. 80-4178, 81-4351.

679 F.2d 1293 (1982)

Roni K. DOGHERRA, Plaintiff-Appellee, v. SAFEWAY STORES, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 21, 1982.

Rehearing and Rehearing Denied August 19, 1982.

Attorney(s) appearing for the Case

Richard H. Harding, Littler, Mendelson, Fastiff, Tichy, San Francisco, Cal., argued, for Safeway Stores, Inc.; Alan B. Carlson, Littler, Mendelson, Fastiff, Tichy, San Francisco, Cal., on brief.

Charles A. Dyer, Cotchett, Hutchinson & Dyer, San Mateo, Cal., for Dogherra.

Before BROWNING, Chief Judge, SKOPIL and NORRIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 19, 1982.

SKOPIL, Circuit Judge:

INTRODUCTION

Safeway terminated Dogherra for failing to return from leave as required. Dogherra insisted that she had notified her assistant manager, Martinez, prior to the end of her leave of her availability to work. Dogherra asked her union to file a grievance. The union dispatched investigators. Martinez allegedly told them that Dogherra had not reported for work before...

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