RIVERA v. BAKER WEST, INC.

No. 03-17261.

430 F.3d 1253 (2005)

Jack A. RIVERA, Plaintiff-Appellant, v. BAKER WEST, INC., an Arizona corporation; Baker Concrete Construction, Inc., an Arizona corporation, dba Baker Concrete, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 13, 2005.


Attorney(s) appearing for the Case

William D. Howell III, The Howell Law Firm, LLC, Phoenix, AZ, for the plaintiff-appellant.

Rebecca Winterscheidt, and Leslie A. Smith, Snell & Wilmer, LLP, Phoenix, AZ, for the defendants-appellees.

Before: TALLMAN, BYBEE, and BEA, Circuit Judges.


BYBEE, Circuit Judge:

Jack Rivera ("Rivera") appeals the district court's order dismissing his suit against Baker Concrete Construction, Inc. ("Baker"). Rivera argues that Baker improperly withheld approximately fifteen thousand dollars in state and federal employment taxes from a check that was paid to settle his claim for unlawful workplace discrimination and wrongful termination and, therefore, that the district court erred in dismissing the suit on the basis of...

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