Summary
declining to apply Enochs exception where the employer had already collected the tax and the plaintiff could seek a refund
Summary of this case from Wright v. Atech Logistics, Inc.Opinion
No. 96-17053
Argued and Submitted November 7, 1997 — San Francisco, California
Filed April 9, 1998
Appeal from the United States District Court for the Northern District of California Vaughan R. Walker, District Judge, Presiding.
D.C. No. CV-96-01841-VRW.
ORDER
The Opinion filed on January 28, 1988, slip op. 847, is amended:
The panel votes to deny appellants' petition for rehearing. Judge T.G. Nelson votes to reject the suggestion for rehearing en banc and Judge Goodwin and Judge Rhoades so recommend.
The full court has been advised of the en banc suggestion and no judge of the court has requested a vote on it.
With the exception of the amendments listed above, the petition for rehearing is DENIED and the suggestion for rehearing en banc is REJECTED.