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GARDINER v. SEA-LAND SERVICE, INC.

Nos. 84-2354, 84-2547.

786 F.2d 943 (1986)

Cory GARDINER, William E. Bishop, et al., Plaintiffs-Appellees, v. SEA-LAND SERVICE, INC., United States Lines, Inc., etc., et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 8, 1986.

Attorney(s) appearing for the Case

A. Curtis Sawyer, Jr., Jarvis, Miller, Brodsby & Baskin, Inc., San Francisco, Cal., for plaintiffs-appellees.

Sam D. Delich, Sandra McCandless, Graham & James, San Francisco, Cal., Mark Chavez, Pillsbury, Madison & Sutro, San Francisco, Cal., Howard L. Ganz, Porskauer, Rose, Goetz & Mendelsohn, New York City, for defendants-appellants.

Before TANG and FLETCHER, Circuit Judges, and HILL, District Judge.

TANG, Circuit Judge:

Pursuant to 28 U.S.C. § 1292(b), Defendants-Shipowners appeal the district court's denial of their motion to dismiss or for summary judgment. The issue presented is whether the provision in a seamen's collective bargaining agreement calling for a rate of maintenance will be held binding and will be enforced even if, when viewed in isolation, the rate fixed in the agreement is inadequate. The district court held that union members are not...

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