James Cornett Costello v. Collins Engineers, Inc.

46 F.3d 1139 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Cornett COSTELLO, Plaintiff-Appellant, v. COLLINS ENGINEERS, INC. et al., Defendant-Appellee. No. 94-35116. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 6, 1994. Decided Jan. 24, 1995. Before: NOONAN, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 In this appeal from a grant of summary judgment, we must determine whether the district court erred: (1) in concluding that Costello's discharge from employment did not violate public policy of the State of Washington; and (2) in finding as a matter of law that Costello had not performed work that would bring him under the Washington statute requiring that a prevailing (union) wage be paid to "laborers, workers, or mechanics, upon all public works." 3 I. Whether the District Court Properly Found No Violation of Washington's Public Policy 4 In Washington there is a public policy exception to the general rule that employment…