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HUGHES SALARIED RETIREES v. ADMINISTRATOR

No. 93-55384.

39 F.3d 1002 (1994)

HUGHES SALARIED RETIREES ACTION COMMITTEE; Peter Formo; Richard E. Miller; Norman C. Rigby, Plaintiffs-Appellants, v. ADMINISTRATOR OF the HUGHES NON-BARGAINING RETIREMENT PLAN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 7, 1994.

As Modified February 13, 1995.

Attorney(s) appearing for the Case

Seth Kupferberg, Sipser, Weinstock, Harper & Dorn, New York City, for plaintiffs-appellants.

Robert F. Walker, Paul, Hastings, Janofsky & Walker, Santa Monica, CA, for defendant-appellee.

Before: FLETCHER, PREGERSON, and NORRIS, Circuit Judges.

Opinion by Judge PREGERSON; Dissent by Judge NORRIS.

PREGERSON, Circuit Judge:

The Hughes Salaried Retirees Action Committee (the "Committee") and three individual participants in the Hughes Non-Bargaining Retirement Plan (the "Plan") [collectively the "Retirees"] brought an action under § 502 of the Employment Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132, against the Plan administrator (the Administration). The Retirees alleged...

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