886 F.2d 334 (9th Cir. 1989), 88-3904, O'Brien v. Foss Launch & Tug

Docket Nº:88-3904.
Citation:886 F.2d 334
Party Name:Dale O'BRIEN, Thomas Knuthsen, Norman Spurgeon, Gregory Olsen, Lenvil Riley, Robert Purschwitz, Pamela Crooker, John Chandler, Michael London, Donald Thorsteinson, Brenda Norheim, Plaintiffs-Appellees, v. FOSS LAUNCH & TUG, Foss Alaska Line, Dillingham Maritime Company, Defendants-Appellants.
Case Date:September 18, 1989
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 334

886 F.2d 334 (9th Cir. 1989)

Dale O'BRIEN, Thomas Knuthsen, Norman Spurgeon, Gregory Olsen, Lenvil Riley, Robert Purschwitz, Pamela Crooker, John Chandler, Michael London, Donald Thorsteinson, Brenda Norheim, Plaintiffs-Appellees,

v.

FOSS LAUNCH & TUG, Foss Alaska Line, Dillingham Maritime Company, Defendants-Appellants.

No. 88-3904.

United States Court of Appeals, Ninth Circuit

September 18, 1989

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Argued and Submitted Aug. 10, 1989.

D.Alaska

AFFIRMED.

Appeal from the United States District Court for the District of Alaska. James A. von der Heydt, District Judge, Presiding.

Before O'SCANNLAIN, LEAVY, and TROTT, Circuit Judges.

MEMORANDUM [*]

Prior to October 25, 1985, Foss Maritime Company ("Foss Launch & Tug") and Foss Alaska Line ("FAL") were wholly owned subsidiaries of Dillingham Corporation("Dillingham") engaged in the business of transporting cargo on ocean-going tugs and barges between Seattle, Washington and various Alaska ports. Among FAL's approximately two hundred employees were some fifty non-bargaining unit workers, eleven of whom were employed in the office of FAL's Sitka, Alaska agent.

In June 1985, FAL sought a buyer for its ongoing operations. When these efforts proved unsuccessful, FAL informed its employees on October 4, 1985 that it would be shutting down operations and selling off its assets. Meanwhile, FAL and Lynden, Inc. ("Lynden"), parent company of one of FAL's competitors, Alaska Marine Lines ("AML"), entered into an agreement for the purchase and sale of most of FAL's assets. Pursuant to the terms of that agreement, but prior to its final closing date of November 4, 1985, FAL transferred some of its assets to Bowhead Equipment Leasing Company ("Bowhead"), another Lynden subsidiary, and Bowhead in turn sold those assets to Jamestown Bay Warehousing, Inc. ("Jamestown"), an independent agent based in Sitka but with offices elsewhere in Alaska.

On October 23, 1985, Jamestown entered into an agreement with AML to act as agent for the latter in, along other places, Sitka. Because FAL was shutting down its Sitka operation at the same time that Jamestown was expanding its own office there, Jamestown hired...

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