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The State

Four car salesmen, fired in a dispute over an employee’s refusal to contribute money to buy their boss a Christmas present, have won reinstatement of their dismissed suit. The U.S. 9th Circuit Court of Appeal reversed a lower court’s order that allowed Byron Bingham, owner of Bingham Toyota in Fresno, to move the case from state court to federal court, where it was dismissed. A federal judge in Fresno ruled the claims of the salesmen were preempted by the National Labor Relations Act. Michael Holcomb, David Growdon, Richard Vizzolini and Bob Posch used to work for Bingham, selling Toyota automobiles at the Fresno dealership that bears his name. Holcomb was fired for refusing to contribute to a fund for Bingham’s Christmas present. The others lost their jobs after protesting the sacking.


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