FENNER v. DEPENDABLE TRUCKING CO., INC.

Nos. 81-5752, 81-5777.

716 F.2d 605 (1983)

John FENNER, Plaintiff/Appellee, v. DEPENDABLE TRUCKING COMPANY, INC., a California corporation, Federated Department Stores, Inc., a Delaware corporation, and Martin Lemmons, Defendants/Appellants.

United States Court of Appeals, Ninth Circuit.

September 9, 1983.


Attorney(s) appearing for the Case

Charles H. Carpenter, Los Angeles, Cal., for defendants/appellants.

Richard A. Caplan, Long Beach, Cal., for plaintiff/appellee.


(Opinion Sept. 9, 1983, 9 Cir., 1983, 716 F.2d 598)

CHAMBERS, Circuit Judge, dissenting from Order Withdrawing Memorandum.

My brothers in this case suppress the memorandum of February 14, 1983 (not to be published opinion), 703 F.2d 575. I think I have First Amendment rights. However, under the pending rehearing, the majority can resolve pending issues, can backtrack and even supercede...

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