Barbara I. Black v. Sears, Roebuck & Company, a New York Corporation

Good Law
66 F.3d 334·1995 WL 528002·1995 U.S. App. LEXIS 31666
United States Court of Appeals for the Ninth CircuitSeptember 7, 199594-35065California2,399 words

Opinion

Opinion

66 F.3d 334 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Barbara I. BLACK, Plaintiff-Appellant, v. SEARS, ROEBUCK & COMPANY, a New York corporation, Defendant-Appellee. No. 94-35065. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 14, 1995. Decided Sept. 7, 1995. 1 Before: HUG and FERGUSON, Circuit Judges, and SCHWARZER, District Judge. * 2 MEMORANDUM ** 3 Plaintiff Barbara Black brought this action to enforce her reemployment rights under Or.Rev.Stat. Sec. 659.415 (1991). After a two-day bench trial, the court entered judgment for defendant Sears, Roebuck & Company on oral findings. This appeal followed. The court below had jurisdiction under 28 U.S.C. Sec. 1332 . This court has jurisdiction under 28 U.S.C. Sec. 1291 . 4 We review for errors of law below de novo. United States v. United States Gypsum Co., 333 U.S. 364, 394-95 (1948). We review findings of fact for clear error, viewing the evidence in the light most favorable to the…

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