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Weber v. Hiatt

United States Court of Appeals, Ninth Circuit
May 6, 1970
424 F.2d 1366 (9th Cir. 1970)

Opinion

No. 23948.

May 6, 1970.

Appeal from the United States District Court for the District of Oregon; Robert C. Belloni, Judge.

Paul T. Bailey (argued), Stephen M. Malm, of Bailey, Swink Haas of Portland, Or., for appellants.

Henry R. Camarot (argued), of Sanders, Lively, Camarot Wiswall, Springfield, Or., for appellee.

Before CHAMBERS and WRIGHT, Circuit Judges, and BOLDT, District Judge.

The Honorable George H. Boldt, Western District of Washington.


This case concerns the same carpenters' fund as was before the court in Hiatt (Bernard) v. Schlecht, et al., 400 F.2d 875 (9th Cir. 1968).

There are minor differences and the Wendell Hiatt position here is slightly better than Bernard's in the first case. But we do not find the factors significant enough to call for a different result. Most of the arguments presented by the plaintiffs (appellants) here would be equally applicable to the first Hiatt case. Any "affecting" of commerce, in our view, is exceedingly de minimis.

The judgment of the district court dismissing the action for lack of subject-matter jurisdiction (the activities not "affecting" commerce) is affirmed.


Summaries of

Weber v. Hiatt

United States Court of Appeals, Ninth Circuit
May 6, 1970
424 F.2d 1366 (9th Cir. 1970)
Case details for

Weber v. Hiatt

Case Details

Full title:E.B. WEBER, E.A. Schlecht, Robert J. Caley, Norman L. Buckner, Carl M…

Court:United States Court of Appeals, Ninth Circuit

Date published: May 6, 1970

Citations

424 F.2d 1366 (9th Cir. 1970)