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DeVOLL v. BURDICK PAINTING, INC.

No. 93-15366.

35 F.3d 408 (1994)

Robert DeVOLL and Patricia M. DeVoll, Plaintiffs-Appellants, v. BURDICK PAINTING, INC. and Bay Area Painters and Tapers Health Fund, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 8, 1994.

Attorney(s) appearing for the Case

Michael Willemsen, Palo Alto, CA and Elizabeth Bader, San Francisco, CA, for plaintiffs-appellants.

Muriel B. Kaplan, Saltzman & Johnson Law Corp., San Francisco, CA, for defendant-appellee Burdick Painting; Christina C. Bleuler, Wylie, McBride, Jesinger, Sure & Platten, San Jose, CA, for defendant-appellee Bay Area Painters and Tapers Health Fund.

Before: GOODWIN, PREGERSON, and RYMER, Circuit Judges.

GOODWIN, Circuit Judge:

Robert and Patricia DeVoll sued Burdick Painting, Inc., Robert's former employer, and the Bay Area Painters and Tapers Fund ("the Fund"), Robert's former health plan. The DeVolls' complaint set forth three claims: (1) that Burdick discharged Robert for the purpose of interfering with rights protected under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1140; (2) that Burdick breached an enforceable promise to...

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