Brennan v. Southwest Airlines
| Citation | 140 F.3d 849 |
| Decision Date | 09 April 1998 |
| Docket Number | No. 96-17053.,96-17053. |
| Parties | Margaret BRENNAN; Michael Manders; Ann Dichov, Plaintiffs-Appellants, v. SOUTHWEST AIRLINES; Alaska Airlines Corporation; United Air Lines Corporation, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
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.
The Opinion filed on January 28, 1988, slip op. 847 , is amended as follows:
1. On page 856, line 8 [134 F.3d at 1410, line 7], change "See" to "Cf."
2. On page 856, line 10 [134 F.3d at 1410, line 10], after "should read the" insert "identical language of a companion".
3. On page 856, line 12 [134 F.3d at 1410, line 14], delete "See id."
4. On page 856, line 16 [134 F.3d at 1410, line 20], add "Cf." before "Id." and insert "in a companion statute" after "(holding that".
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.
To continue reading
Request your trial
-
Precision Pay Phones v. Qwest Communications Corp.
...ARCO Environmental, 213 F.3d at 1114, citing, Brennan v. Southwest Airlines Co., 134 F.3d 1405, 1409 (9th Cir.), amended by, 140 F.3d 849 (9th Cir.1998). Brennan involved application of the artful pleading doctrine where "the defendant has a federal preemption defense to a state claim and f......
-
Gessele v. Jack in the Box, Inc., 3:14-CV-01092-BR
...their WBF claims.Finally, Defendant also relies on Brennan v. Southwest Airlines Company , 134 F.3d 1405 (9th Cir. 1998), amended 140 F.3d 849 (9th Cir. 1998), to support its assertion that WBF assessments are taxes or sums subject to the Internal Revenue Code. In Brennan the defendant airl......
-
Mikulski v. Centerior Energy Corp.
...claims through 26 U.S.C. § 7422. See Brennan v. Southwest Airlines Co., 134 F.3d 1405, 1409, amended without substantive change, 140 F.3d 849 (9th Cir.1998) (in collecting excise tax from passengers, airlines act as agents for the IRS); Sigmon v. Southwest Airlines Co., 110 F.3d 1200, 1203 ......
-
Arco v. Dept of Health
...the district court's decision denying remand. See Brennan v. Southwest Airlines Co., 134 F.3d 1405, 1409 (9th Cir.), amended by, 140 F.3d 849 (9th Cir. 1998). Because we find that the district court has no jurisdiction over this case, we The Clark Fork River Operable Unit ("CFROU") is a Sup......