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TEAMSTERS LOCAL UNION 58 v. BOC GASES

Nos. 98-35573, 98-35845.

249 F.3d 1089 (2001)

TEAMSTERS LOCAL UNION 58, Plaintiff-counter-defendant-Appellant, v. BOC GASES, A DIVISION OF THE BOC GROUP, INC.; The Boc Group, Inc., Defendants-counter claimants-Appellees. Teamsters Local Union 58, Plaintiff-counter-defendant-Appellee, v. Boc Gases, a division of The Boc Group, Inc.; The Boc Group, Inc., Defendants-counter-claimants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submitted March 19, 2001.

Filed May 16, 2001.

Attorney(s) appearing for the Case

Bruce R. Colven, Morse & Bratt, Vancouver, Washington, for the plaintiff-counter-defendant-appellant-cross-appellee.

Bradley W. Kampas and Seth L. Neulight, Jackson, Lewis, Schnitzler & Krupman, San Francisco, California, for the defendants-counter-claimants-appellees-cross-appellants.

Before: TROTT, KLEINFELD, and SILVERMAN, Circuit Judges.

SILVERMAN, Circuit Judge:

For eight years, Tim Kilby, a member of the Teamsters Union, drove a delivery truck for BOC Gases, an industrial distributer of hazardous gases. During his tenure, Kilby experienced his share of occupational mishaps. But these incidents paled in comparison to the comedy of errors that characterized his last delivery for BOC.

I. FACTS AND PROCEDURAL HISTORY

A. The SEH Delivery

The star-crossed events began with...

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