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Rehearing Denied Dec. 9, 1985.
See
On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit.
The petition for writ of certiorari is denied.
Justice WHITE, dissenting.
In this case, the United States Court of Appeals for the Ninth Circuit held that DelCostello v. Teamsters,
The decision below conflicts with those in other Circuits which have held that DelCostello should be applied retroactively. See, e.g., Smith v. General Motors Corp., 747 F.2d 372 (CA6 1984) (en banc); Graves v. Smith's Transfer Corp., 736 F.2d 819 (CA1 1984). Other Circuits have also held that the Huson analysis is not necessary to determine whether retroactivity is appropriate in this context. See, e.g., Welyczko v. U.S. Air, Inc., 733 F.2d 239 (CA2), cert. denied,
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Citation: 474 U.S. 910
No. 84-2016
Decided: October 15, 1985
Court: United States Supreme Court
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