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JACOBSON v. HUGHES AIRCRAFT CO.

No. 93-55392.

105 F.3d 1288 (1997)

Stanley I. JACOBSON; Daniel P. Welsh; Robert E. McMillin; Ernest O. Blandin; Richard E. Hook, Plaintiffs-Appellants, v. HUGHES AIRCRAFT COMPANY; Hughes Non-Bargaining Retirement Plan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 23, 1997.

Attorney(s) appearing for the Case

Jerome Tauber, Sipset, Weinstock, Harper & Dorn, New York City, for plaintiffs-appellants.

Robert F. Walker (argued/brief), and Belinda K. Orem (brief), Paul, Hastings, Janofsky, Walker, Santa Monica, CA, for defendants-appellees.

Before FLETCHER, PREGERSON and NORRIS, Circuit Judges.

Opinion by Judge PREGERSON; Dissent by Judge NORRIS.

PREGERSON, Circuit Judge:

Plaintiffs appeal the district court's dismissal of their action brought under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et. seq. Plaintiffs are retired Hughes Aircraft Company employees who are participants in the Hughes Non-Bargaining Retirement Plan (the "Contributory Plan"). Plaintiffs allege in their complaint that the employer...

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