Herbert Zimmer Sallie Zimmer v. Consolidated Electrical Distributors, Inc., a Delaware Corporation

37 F.3d 1508 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Herbert ZIMMER; Sallie Zimmer, Plaintiffs-Appellees, v. CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC., a Delaware corporation, Defendant-Appellant. No. 93-35694. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 14, 1994. Decided Sept. 30, 1994. As Amended on Denial of Rehearing Nov. 22, 1994. Before: BROWNING, WRIGHT, and CANBY, Circuit Judges. 1 MEMORANDUM * 2 We rarely reverse because of clearly erroneous evidentiary rulings. 1 But rulings that are tied to a mistaken view of the law governing the defense's burden and which exclude key evidence are inevitably wrong. That is what happened here. 3 Herbert Zimmer was a 56 year old salesman of industrial electric supplies for Consolidated Electrical Distributors (CED). He was stripped of his accounts, replaced by younger salesmen, placed in a specially created job and ultimately terminated. And he was consistently CED's top salesman. This…