Demasse v. ITT Corp.

Full title: Roger DEMASSE; Maria A. Garcia; Billy W. Jones; Viola Munguia; Greg…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jun 9, 1999

185 F.3d 866 (9th Cir. 1999)

Opinion

185 F.3d 866 (9th Cir. 1999) Roger DEMASSE; Maria A. Garcia; Billy W. Jones; Viola Munguia; Greg Palmer; Socorro Soza, Plaintiffs--Appellants, v. ITT CORPORATION, a Delaware Corporation dba ITT Cannon, Defendant--Appellee. No. 96-15520. No. CV-94-01399-ROS United States Court of Appeals, Ninth Circuit June 9, 1999

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 (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Argued March 10, 1997.

Appeal from the United States District Court for the District of Arizona, Roslyn O. Silver, District Judge, Presiding.

Before WHITE, Associate Justice, Retired; ^* CANBY and RYMER, Circuit Judges.

* The Honorable Byron R. White, Associate Justice of the United States Supreme Court (Ret.), sitting by designation.

ORDER

This case is submitted as of June 4, 1999.

By order of April 17, 1997 we certified two questions to the Arizona Supreme Court. The Arizona Supreme Court filed an opinion May 25, 1999 answering the two certified questions in the negative. Therefore, we reverse the judgment of the district court and remand for further proceedings not inconsistent with the Arizona Supreme Court's opinion; we deny ITT's request for attorneys' fees incurred on appeal; and we affirm the district court's denial of the employees' untimely demand for a jury trial.

REVERSED AND REMANDED IN PART; AFFIRMED IN PART.