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JUNG v. FMC CORP.

C.A. No. 83-2083.

755 F.2d 708 (1985)

Harry JUNG, individually and on behalf of all other persons similarly situated, Plaintiffs-Appellants, v. FMC CORPORATION, a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 12, 1985.

Attorney(s) appearing for the Case

Mark H. Lipton, Lipton & Lipton, San Jose, Cal., for plaintiffs-appellants.

James R. Renfroe, Chicago, Ill., Craig E. Epperson, D. Ward Kallstrom, Lillick, McHose & Charles, San Francisco, Cal., for defendant-appellee.

Before FAIRCHILD, Senior Circuit Judge, and GOODWIN and BOOCHEVER, Circuit Judges.

FAIRCHILD, Senior Circuit Judge:

Plaintiff-appellant Harry Jung, individually and on behalf of all persons similarly situated, brought this class action against defendant-appellee FMC Corporation (FMC) to enforce rights to severance pay under an FMC policy which constitutes an employee welfare benefit plan under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001 et seq. This action is authorized by 29 U.S.C. § 1132(a)(1)(B...

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