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MARX v. LORAL CORP.

Nos. 93-17078, 93-17213.

87 F.3d 1049 (1996)

Sol F. MARX; Harry F. Crooks; and Dallas D. Hann, Plaintiffs-Appellants, v. LORAL CORPORATION, a New York Corporation; Goodyear Tire & Rubber Company, Inc., an Arizona Corporation; Goodyear Aerospace Corporation, an Arizona Corporation, Defendants-Appellees. Sol F. MARX; Harry F. Crooks; and Dallas D. Hann, on behalf of himself and all others similarly situated, Plaintiffs-Appellees, v. LORAL CORPORATION, a New York Corporation; Goodyear Aerospace Corporation, an Arizona Corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1996.

Attorney(s) appearing for the Case

Daniel Offidani, Scottsdale, Arizona, for plaintiffs-appellants-cross-appellees.

Stephen Greiner, Willkie, Farr & Gallagher, New York City, for defendants-appellees-cross-appellants Loral Corporation and Goodyear Aerospace Corporation.

James J. Trimble, Fennemore Craig, Phoenix, Arizona, for defendants-appellees Goodyear Tire & Rubber Company.

Before BRUNETTI, THOMPSON and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

We consider here separate appeals from the district court, one concerning the merits of the litigation and the other an important procedural point concerning the timeliness of instituting an appeal. The merits appeal concerns whether oral and written representations made by the administrator of an employee benefit plan governed by ERISA bind the employer when the representations contradict the unambiguous terms of the plan. The...

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