Legal Opinion
Cory Gardiner, William E. Bishop v. Sea-Land Service, Inc., United States Lines, Inc., Etc., Defendants
Court of Appeals for the Ninth Circuit
Decided April 8, 1986No. 84-2354, 84-2547PublishedCited by 80 opinions
1Opinion of the Court
TANG, Circuit Judge:
Pursuant to 28 U.S.C. § 1292(b), Defendants-Shipowners appeal the district court’s denial of their motion to dismiss or for summary judgment. The issue presented is whether the provision in a seamen’s collective bargaining agreement calling for a rate of maintenance will be held binding and will be enforced even if, when viewed in isolation, the rate fixed in the agreement ' is inadequate. The district court held that union members are not bound-by such a rate of maintenance and it could not be enforced.
I. BACKGROUND
In August, 1983, seven seamen who belong to maritime…
2Cases cited31 opinions
- United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
- Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
- The OsceolaSupreme Court of the United States · 1903
- Texas Industries, Inc. v. Radcliff Materials, Inc.Supreme Court of the United States · 1981
- Vaughan v. AtkinsonSupreme Court of the United States · 1962
26 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- Frederick v. Kirby Tankships, Inc.Court of Appeals for the Eleventh Circuit · 2000
- Guevara v. Maritime Overseas Corp.Court of Appeals for the Fifth Circuit · 1994
- George Barnes v. Andover Company, L.P.Court of Appeals for the Third Circuit · 1990
- Dennis J. Baldassaro v. United StatesCourt of Appeals for the Fifth Circuit · 1995
- Chad Barnes v. Sea Hawaii Rafting, LLCCourt of Appeals for the Ninth Circuit · 2018
75 more not listed; retrieve them via the Exa API.