DocketNumber： 15567
Judges： Bazelon, Washington, Burger
Filed Date： 6/2/1960
Status： Precedential
Modified Date： 11/4/2024
(concurring in the result).
The contention that the employer was negligent in drafting a rule which was so ambiguous as to lead inevitably to verbal disputes and from disputes to physical violence, thus bringing the attacker’s activity within the scope of his employment, is on a par with the other contentions made. An appeal which rests on such absurd contentions does not merit the attention of a reviewing court and is subject to dismissal as frivolous. I would dismiss this appeal as frivolous. See Jimenez v. Barber, 9 Cir., 1958, 252 F.2d 550.