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FARR v. US WEST, INC.

No. 93-35086.

58 F.3d 1361 (1995)

Donald J. FARR; Gregory H. Ishmiel; Rod W. Tracy; Willis L. Rader; Joseph T. Dean; Robert Heuser; and Jeanette P. Neufeld, Plaintiffs-Appellants, v. US WEST, INC., a Colorado corporation; The US West Management Pension Plan; and US West Communications, a Colorado corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 26, 1995.

Attorney(s) appearing for the Case

Leslie L. Wellman, Wellman & Murray, Portland, OR, for plaintiffs-appellants.

D. Ward Kallstrom, Lillick & Charles, San Francisco, CA, for defendants-appellees.

Before: ALDISERT, NORRIS, and THOMPSON, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

Plaintiffs were long term employees of defendants US West, Inc. and US West Communications. In Jan. 1990, plaintiffs chose to retire under an amendment to the US West Management Pension Plan known as the "5 + 5 program" which created early retirement incentives for many long term employees. Under the 5 + 5 program, plaintiffs chose to receive their accrued pension benefits in a lump sum. Plaintiffs allege that US West did not tell...

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