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BELAUSTEGUI v. INT'L LONGSHORE AND WAREHOUSE UNION

No. 21-55434.

36 F.4th 919 (2022)

Leon BELAUSTEGUI, Plaintiff-Appellant, v. INTERNATIONAL LONGSHORE AND WAREHOUSE UNION; Pacific Maritime Association, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 7, 2022.

Attorney(s) appearing for the Case

Derek T. Anderson (argued), Derek T. Anderson APC, San Diego, California, for Plaintiff-Appellant.

Thomas M. Peterson (argued), Morgan Lewis & Bockius LLP, San Francisco, California; Clifford D. Sethness , Morgan Lewis & Bockius LLP, Los Angeles, California; for Defendant-Appellee Pacific Maritime Association.

Lindsay R. Nicholas , Leonard Carder LLP, San Francisco, California, for Defendant-Appellee International Longshore and Warehouse Union.

Before: Daniel A. Bress and Patrick J. Bumatay, Circuit Judges, and Roger T. Benitez, District Judge.

OPINION

The plaintiff in this case left his job as an entry-level longshore worker to enlist in the U.S. Air Force. After nine years of active duty, he returned to work as a longshoreman and requested a promotion to the position he claims he likely would have attained had he not served in the military. When his request...

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