Gates v. Rivers Construction Co.

515 P.2d 1020 (1973)

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Gates v. Rivers Construction Co.

Alaska Supreme Court
515 P.2d 1020 (1973)

RW

Facts

John G. Gates (plaintiff), a Canadian living in Alberta, accepted an invitation from Rivers Construction Company (Rivers) (defendant) to come and work at the company’s Alaska offices. After Gates arrived in Alaska, Rivers gave him an employment contract to sign, which he did. As both Rivers and Gates knew, 8 U.S.C. § 1182 required any foreigner entering the United States for work purposes to have a permanent resident alien’s visa, which Gates did not have. The contract provided that the company would place Gates’s pay in escrow until his visa arrived, which it did only after Gates left the company. When Rivers refused to release his escrowed pay, Gates sued. The trial court granted Rivers’s motion to dismiss on the grounds that the contract was illegal. Gates appealed to the Alaska Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Boochever, J.)

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