BURROUGHS v. MARR

No. 82-4650.

742 F.2d 509 (1984)

Benjamin R. BURROUGHS, on Behalf of OPERATING ENGINEERS LOCAL UNION NO. 3, Plaintiff-Appellant, v. Dale MARR, Harold Huston, James R. Ivy, Harold K. Lewis, Donald R. Strate, and Dennis Wright, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

September 6, 1984.


Attorney(s) appearing for the Case

Michael Friedman, Siegel, Friedman & Dickstein, Oakland, Cal., for plaintiff-appellant.

John J. Davis, McCarthy, Johnson & Miller, Kimball S. Atwood, Cooley, Godward, Castro, Huddleson, San Francisco, Cal., for defendants-appellees.

Before: KENNEDY and BOOCHEVER, Circuit Judges, and EAST, District Judge.


ORDER

The petition for rehearing is granted. The court's order of July 5, 1984, 736 F.2d 1341, is withdrawn. The opinion filed December 15, 1983 is withdrawn. The district court's opinion, Burroughs v. Marr, 559 F.Supp. 141 (N.D.Cal.1982), is vacated, and this case is remanded to the district court with instructions to dismiss the action...

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