Legal Opinion
Clayton v. Republic Airlines, Inc.
Court of Appeals for the Ninth Circuit
Decided September 23, 1983No. 82-3395PublishedCited by 38 opinions
1Opinion of the Court
FERGUSON, Circuit Judge:
Former employees of Hughes Air West appeal a district court order dismissing their claim of breach of a duty of fair representation. The court dismissed on the basis that exclusive jurisdiction over this matter lies with the Civil Aeronautics Board.
We reverse.
FACTS:
Defendant Republic Airlines acquired Hughes Air West effective October 1, 1980. For the purposes of the instant suit, this acquisition is indistinguishable from a merger. In order to effect the merger, Civil Aeronautics Board (CAB) approval was necessary. Federal Aviation Act of 1958 (FAA), 49 U.S.C. §…
2Cases cited15 opinions
- Vaca v. SipesSupreme Court of the United States · 1967
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- Steele v. Louisville & Nashville RailroadSupreme Court of the United States · 1944
- Ford Motor Co. v. HuffmanSupreme Court of the United States · 1953
- Humphrey v. MooreSupreme Court of the United States · 1964
10 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Hatch v. Reliance InsuranceCourt of Appeals for the Ninth Circuit · 1985
- In Re Robert Stephen Adams, Debtor. Betty Hilda Ida Koepke Moraes v. Robert Stephen Adams, Robert Stephen AdamsCourt of Appeals for the Ninth Circuit · 1985
- Fort Vancouver Plywood Co., a Washington Corporation v. United StatesCourt of Appeals for the Ninth Circuit · 1984
- Peter Starr Production Co. v. Twin Continental Films, Inc. And Gautam DasCourt of Appeals for the Ninth Circuit · 1986
- Marshall Leasing, Inc., a Washington Corporation v. United States of America, United States Department of Justice, Drug Enforcement AdministrationCourt of Appeals for the Ninth Circuit · 1990
33 more not listed; retrieve them via the Exa API.