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BARNES v. DONOVAN

No. 82-7733.

720 F.2d 1111 (1983)

Darrell BARNES, and J.J. Schroeder, Petitioners, v. Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided November 22, 1983.

Attorney(s) appearing for the Case

David S. Krueger, Timothy P. Cissna, Stokes, Steeves, Warren, Jensen, Arcata, Cal., for petitioners.

Dennis A. Paquette, Washington, D.C., for respondent.

Before KENNEDY and REINHARDT, Circuit Judges, and HOFFMAN, District Judge.

WALTER E. HOFFMAN, Senior District Judge:

Petitioners, Barnes and Schroeder, seek review of the Secretary's decision to deny their requests for severance benefits under the provisions of the Redwood Employee Protection Program. Petitioners are seasonal employees who were laid off prior to the conclusion of their usual work season. When seeking severance benefits, petitioners included the off-season period in their calculation of the twenty weeks of continuous layoff...

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