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HUGHES SALARIED RETIREES v. ADM'R OF HUGHES

No. 93-55384.

72 F.3d 686 (1995)

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.

Opinion Filed November 7, 1994.

Order Granting Rehearing July 14, 1995.

Argued and Submitted July 20, 1995.

Decided December 15, 1995.

Attorney(s) appearing for the Case

Jerome Tauber, Richard Dorn, Sipser, Weinstock, Harper & Dorn, New York City, for plaintiffs-appellants.

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

Before: WALLACE, Chief Judge, HUG, FLETCHER, PREGERSON, CANBY, NORRIS, REINHARDT, WIGGINS, BRUNETTI, O'SCANNLAIN, and RYMER, Circuit Judges.

Order Granting Rehearing En Banc July 14, 1995.

Dissent by Judge PREGERSON.

WILLIAM A. NORRIS, Circuit Judge:

This appeal presents two questions:

(1) whether § 104(b)(4) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), 29 U.S.C. § 1024(b)(4), requires a plan administrator to furnish individual participants upon request with the names and addresses of other plan participants. We hold that it does not because...

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