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BOGUE v. AMPEX CORP.

No. 91-15038.

976 F.2d 1319 (1992)

Donald F. BOGUE, Plaintiff/Appellant, v. AMPEX CORPORATION and Allied-Signal, Inc.; Does 1-10, Inclusive, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 7, 1992.

As Amended December 2, 1992.

Attorney(s) appearing for the Case

Bruce H. Munro, Stephen A. Dennis, Thoits, Love, Hershberger & McLean, Palo Alto, Cal., for plaintiff/appellant Donald F. Bogue.

Robert M. Westberg, James J. Walsh, John R. Leflar, Pillsbury, Madison & Sutro, San Francisco, Cal., for defendants/appellees Ampex Corp. and Allied-Signal, Inc.

Before: WISDOM, BEEZER, and TROTT, Circuit Judges.

WISDOM, Circuit Judge:

The plaintiff/appellant, Donald Bogue, seeks severance payments denied him by his former employer. The district court upheld that denial under the Employee Retirement Income Security Act ("ERISA").1 We find that ERISA controls this case, supports the denial of benefits, and offers Bogue no other opportunity to challenge the decisions below. We AFFIRM, but decline to award attorney fees to the appellees.

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