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COHEN v. RESOLUTION TRUST CORP.

Nos. 94-55209, 94-55218.

61 F.3d 725 (1995)

Jack COHEN, on behalf of himself and all other similarly situated, Plaintiffs-Appellees, and Anthony Maniscalco, II, Plaintiff-Appellant, v. RESOLUTION TRUST CORPORATION, in its capacity as receiver for Imperial Savings Association, an insured depository institution, a.k.a. Imperial Federal Savings Association, Defendant-Appellee. Jack COHEN, on behalf of himself and all other similarly situated; Mark Rozells, Plaintiffs-Appellees, and Michael Lea, Plaintiff-Appellant, v. RESOLUTION TRUST CORPORATION, in its capacity as receiver for Imperial Savings Association, an insured depository institution, a.k.a. Imperial Federal Savings Association, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 28, 1995.

Attorney(s) appearing for the Case

Paul M. Mahoney, Jones, Mahoney & Brayton, Claremont, CA, for plaintiff-appellant Maniscalco.

Peter K. Rosen, Rosen Law Firm, Los Angeles, CA, for plaintiff-appellant Lea.

Jeffrey Ehrlich, Resolution Trust Corp., Washington, DC, for defendant-appellee.

Joel L. Incorvaia and Anna M. Mueller, Incorvaia & Glancy, San Diego, CA, for plaintiff-appellee Cohen.

Before: WALLACE, Chief Judge, KOZINSKI and RYMER, Circuit Judges.

Opinion by Chief Judge WALLACE; Dissent by Judge KOZINSKI.

WALLACE, Chief Judge:

Cohen brought a class action against the Resolution Trust Corporation (RTC), in its capacity as conservator of Imperial Savings Association (Imperial), for bonus compensation allegedly owed to himself and similarly situated Imperial employees pursuant to a corporate bonus plan. Summary judgment was entered by the district court in favor of Cohen, and the RTC filed a timely appeal...

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