Johnson v. Petroleum Carriers, Inc.

MYDLAND, Circuit Judge.

As it is before this court this case concerns an action brought by seven men who had worked for Petroleum Carriers, Inc., and who had gone out on strike about April 27, 1970. Their sole contention is that they had each earned payment for vacation not taken prior to the strike. The trial court found in favor of five of the seven plaintiffs and we affirm.

This action was begun June 7, 1971 and trial was held at Sioux Falls December 20, 1972. Judgment was filed August 23, 1973 and an appeal was taken. Appellant’s assignments of error all relate to (1) sufficiency of the…