Opinion · Court of Appeals for the Fifth Circuit

Sabala v. Western Gillette, Inc.

559 F.2d 282

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1977-09-16
Topic
general

PER CURIAM: The Supreme Court of the United States vacated the judgment of this Court in Sabala v. Western Gillette, Inc., 5 Cir. 1975, 516 F.2d 1251, and remanded the cause to this Court for further consideration in light of International Brotherhood of Teamsters v. United States, 1977, 431 U.S. —, 97 S.Ct. 1843, 52 L.Ed.2d 396. In the circumstances of this case, in which we affirmed the District Court’s judgment in large part, we think it appropriate for the District Court, in the first instance, to reconsider its decision in light of International Brotherhood of Teamsters v. United States.

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Cited by
2 opinions
SABALA, v. WESTERN GILLETTE, INC.,559 F.2d 282(5th Cir. 1977)
OLIVER I. SABALA, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY
SITUATED, PLAINTIFF-APPELLEE-CROSS-APPELLANT, v. WESTERN GILLETTE, INC., ET
AL., DEFENDANTS-APPELLANTS-CROSS-APPELLEES.
LEONARD M. RAMIREZ, PLAINTIFF-APPELLEE, v. WESTERN GILLETTE, INC., ET AL.,
DEFENDANTS-APPELLANTS.
No. 74-2711.
United States Court of Appeals, Fifth Circuit.
September 16, 1977.
Page 283
G. William Baab, Dallas, Tex., for So. Conf. of Teams.

A. J. Harper, II, Houston, Tex., for Western Gillette.

Theodore W. Russell, Los Angeles, Cal., for Western Gillette et al.

James P. Wolf, Houston, Tex., for Local Union 988.

Henry M. Rosenblum, Houston, Tex., for Sabala.

Sidney Ravkind, Houston, Tex., for Ramirez.
Appeals from the United States District Court for the Southern District of Texas.
Before WISDOM, SIMPSON, and RONEY, Circuit Judges.
PER CURIAM:
[1] The Supreme Court of the United States vacated the judgment of this Court inSabala v. Western Gillette, Inc.,5 Cir. 1975,516 F.2d 1251, and remanded the cause to this Court for further consideration in light ofInternational Brotherhood of Teamstersv. United States,1977, 431 U.S. ___,97 S.Ct. 1843,52 L.Ed.2d 396.

[2] In the circumstances of this case, in which we affirmed the District Court's judgment in large part, we think it appropriate for the District Court, in the first instance, to reconsider its decision in light ofInternational Brotherhood of Teamsters v.United States.The case is therefore remanded to the District Court for that purpose. The District Court may conduct a hearing and the parties submit new evidence within limits the court considers proper.