James Olson v. Superior Pontiac-Gmc, Inc.

The petition for rehearing is GRANTED and the opinion of the court heretofore filed on July 23, 1985, 765 F.2d 1570, is modified as follows:

The Defendant-Appellee, Petitioner herein, alleges that the court erred in certain holdings in the panel opinion, considered issues not raised below or on appeal, and did not observe the clearly erroneous standard of review.

I

Petitioner, hereinafter called employer, charges we improperly shifted the burden of proof from the employee to the employer on the issue of the pay period, and that this deprived the employer of due process in that there was evidence…