Schnidrig

Schnidrig v. Columbia Machine, Inc.

Good Law
80 F.3d 1406·96 Daily Journal DAR 4325·68 Empl. Prac. Dec. (CCH) 44,040·71 Fair Empl. Prac. Cas. (BNA) 1763·1996 U.S. App. LEXIS 7476
United States Court of Appeals for the Ninth CircuitApril 11, 1996No. 93-35770California2,698 words

Opinion

Lead Opinion

Trott, J.

Herman Schnidrig appeals the district court’s grant of summary judgment in favor of Columbia Machine, Inc. (“Columbia”) in Schnidrig’s Age Discrimination in Employment Act (“ADEA”) action alleging Columbia improperly denied him a promotion because of his age and constructively discharged him. We review the district court’s grant of summary judgment de novo, Jesinger v. Nevada Fed. Credit Union, 24 F.3d 1127, 1130 (9th Cir.1994), and reverse.

I

FACTS AND PROCEDURAL HISTORY

Columbia is a closely held Washington Corporation owned by the Neth family. Fred Neth, Sr., is the majority shareholder, chairman of the Board of Directors, and chief executive officer of Columbia. The Board consisted of six directors: Fred Neth, Sr.; three of his children, Fred Neth Jr., Dorothy Osadchuk, and one other daughter; Bill Wells, a long time employee; and Joe Barclay, president of the Cascade Corporation.

Schnidrig, who was born in 1930, began working for Columbia as a production manager in 1980. In 1981, he was promoted to vice-president of manufacturing. In February of 1991, the president of the company, Tom Neth, resigned under pressure. Schni-drig was asked to take over the…

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