BLAU v. DEL MONTE CORP.

No. 83-2622.

748 F.2d 1348 (1984)

Barbara BLAU, Ram Blau, Ann Mayo, and Richard Lindgren, individually and on behalf of all other former employees of Del Monte Snacks, Inc., similarly situated, Plaintiffs-Appellants, v. DEL MONTE CORPORATION, etc., R.J. Reynolds Industries, Inc., etc., Del Monte Snacks, Inc., etc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 5, 1984.

As Amended March 5, 1985.


Attorney(s) appearing for the Case

John J. Vlahos, Hanson, Bridgett, Marcus, Vlahos & Stromberg, San Francisco, Cal., for plaintiffs-appellants.

David Rotman, Pillsbury, Madison & Sutro, San Francisco, Cal., for defendants-appellees.

Before DUNIWAY, FERGUSON and NELSON, Circuit Judges.


FERGUSON, Circuit Judge:

Plaintiffs, nonunion salaried employees of Granny Goose Foods, Inc. ("Granny Goose"), appeal the district court's grant of summary judgment in favor of Del Monte Corporation and others ("Del Monte"), in an action seeking benefits under an employee welfare plan when the employer's business is sold as an ongoing concern, where the employer has pervasively violated the mandates of the Employee Retirement Income Security Act of 1974 ("ERISA")...

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