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United States Ninth Circuit


Burnside v. Kiewit Pac. Corp., 04-57134

In an action brought by former and current employees of defendant alleging that they were never compensated for travel time between designated meeting sites and their jobsites, an order denying employees' motion to remand and granting defendant summary judgment is vacated and remanded where the employees' claims, brought under state law, were not preempted by section 301 of the Labor Management Relations Act (LMRA).

Appellate Information

  • Argued 02/16/2007
  • Decided 06/20/2007
  • Published 06/20/2007

Judges

  • BERZON, Circuit Judge:, Before:  HARRY PREGERSON, W. FLETCHER, and MARSHA S. BERZON, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • George F. Schaefer, Law Offices of George F. Schaefer, San Diego, CA, for the plaintiffs-appellants.

  • For Appellees:
  • Thomas R. Kaufman, Seyfarth Shaw LLP, Los Angeles, CA, for the defendant-appellee.
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