Legal Opinion

Rivera v. Patino

District Court, N.D. California

Decided May 6, 1982No. C-80-3469 RFPPublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

PECKHAM, Chief Judge.

A. PROCEDURAL POSTURE OF THE CASE

Plaintiffs filed suit to invalidate federal and state statutes which are, in effect, identical. These statutes, 26 U.S.C. § 3304(a)(15) and Cal.Unemp.Ins.Code § 1255.3, mandate reductions in unemployment insurance benefits corresponding to the receipt by the worker of pension payments and/or social security retirement benefits. Plaintiffs also sought to invalidate a directive issued by the United States Department of Labor and a similar directive issued by the California Employment Development Department. Each of these…

2Cases cited5 opinions

  1. Alessi v. Raybestos-Manhattan, Inc.Supreme Court of the United States · 1981
  2. Gila River Indian Community v. Henningson, Durham & Richardson, a Nebraska Corporation, and Ranier Construction Company, Inc., an Arizona CorporationCourt of Appeals for the Ninth Circuit · 1980
  3. Heppner v. Alyeska Pipeline Service Co.Court of Appeals for the Ninth Circuit · 1981
  4. Rivera v. PatinoDistrict Court, N.D. California · 1981
  5. Mailman v. Colonial Acres Nursing HomeSupreme Judicial Court of Maine · 1980

3Cited by15 opinions

  1. Rivera v. BecerraCourt of Appeals for the Ninth Circuit · 1983
  2. Evans v. Unemployment Insurance Appeals BoardCalifornia Supreme Court · 1985
  3. Bowman v. StumboCourt of Appeals for the Sixth Circuit · 1984
  4. Peare v. McFarlandDistrict Court, N.D. Indiana · 1984
  5. In re the Claim of CullenAppellate Division of the Supreme Court of the State of New York · 1983

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