L. D. Price v. Southern Pacific Transportation Company

586 F.2d 750 100 L.R.R.M. (BNA) 2671 , 85 Lab.Cas. P 11,039 L. D. PRICE, Plaintiff-Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY; System Federation No. 114 Railway Employees; Department, AFL-CIO; International Brotherhood of Firemen, Oilers, Helpers, Roundhouse and Railway Shop Laborers; and Willie T. Thomas, Defendants-Appellees. Nos. 77-1322, 77-2433. United States Court of Appeals, Ninth Circuit. Nov. 24, 1978. Jack Siedman (argued), San Francisco, Cal., for plaintiff-appellant. William F. Adams (argued), San Francisco, Cal., William J. Hickey (argued), Washington, D. C., for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before SNEED and KENNEDY, Circuit Judges, and DUMBAULD, * District Judge. SNEED, Circuit Judge: 1 This suit has its origin in an event which occurred on May 25, 1972. The plaintiff, Price, then employed by defendant, Southern Pacific Transportation Co. (SP), left without authority the area within which he worked to get "a bite to eat" and while away was involved in an automobile accident that resulted in his hospitalization for a period of time and prevented an immediate return to work. 2 As…