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Moore v. International Broth. of Elec. Workers Local 569

United States Court of Appeals, Ninth Circuit
Feb 13, 1998
139 F.3d 906 (9th Cir. 1998)

Summary

precluding ADA and equivalent state law claim because plaintiff's assertion that she can work was totally inconsistent with her application for total disability benefits

Summary of this case from Ramer v. N.J. Transit Bus Oper., Inc.

Opinion


139 F.3d 906 (9th Cir. 1998) Lawrence MOORE, Plaintiff-Appellant, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 569; International Brotherhood of Electrical Workers; J.J. Barry; S.R. McCann; Dick Robbins; San Diego Electrical Pension Trust; San Diego Electrical Health and Welfare Trust; San Diego Electrical Industry Training Trust; San Diego Electrical Industry Education and Manpower Development Trust; Labor Management Cooperative Fund; San Diego National Electrical Contractors Association; Fischbach & Moore, Inc.; Tom Pridemore; Paul Blackwood; Wayne Lovin; Jim Westfall; Wilmer Bass; Dick Smith; Terry Godshalk; Joe Heisler; George England; Ray Altmeyer; John Simpson; Jim Alysworth; Charles Wilder; Joe Mansolillo; Ron Cooper; Dave Allison; Ken Stuart; Dave Raspolich; Wayne Van Der Linden; Jack Zwart; Mike Sparks, Defendants-Appellees. No. 95-55495. United States Court of Appeals, Ninth Circuit February 13, 1998

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Appeal from the United States District Court for the Southern District of California Rudi M. Brewster, District Judge, Presiding

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3.

Moore finally contends that the district court erred by requiring a $2,000 bond because Moore already had a balance of $906.28 remaining of the $1,000 bond he had posted in his first appeal of CV-91-1543. We disagree. The district court properly awarded the balance remaining of the $1,000 bond to the trust defendants pursuant to liens the trust defendants had against the $1,000 bond, making a new bond necessary.

AFFIRMED.


Summaries of

Moore v. International Broth. of Elec. Workers Local 569

United States Court of Appeals, Ninth Circuit
Feb 13, 1998
139 F.3d 906 (9th Cir. 1998)

precluding ADA and equivalent state law claim because plaintiff's assertion that she can work was totally inconsistent with her application for total disability benefits

Summary of this case from Ramer v. N.J. Transit Bus Oper., Inc.
Case details for

Moore v. International Broth. of Elec. Workers Local 569

Case Details

Full title:Lawrence MOORE, Plaintiff-Appellant, v. INTERNATIONAL BROTHERHOOD OF…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 13, 1998

Citations

139 F.3d 906 (9th Cir. 1998)

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