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VIZCAINO v. MICROSOFT CORP.

No. 94-35770.

97 F.3d 1187 (1996)

Donna VIZCAINO; Jon R. Waite; Mark Stout; Geoffrey Culbert; Lesley Stuart; Thomas Morgan; Elizabeth Spokoiny; Larry Spokoiny, Plaintiffs-Appellants, v. MICROSOFT CORPORATION, and its pension and welfare benefit plans, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 3, 1996.

Attorney(s) appearing for the Case

Stephen K. Strong and David F. Stobaugh, Bendich, Stobaugh & Strong, Seattle, WA, for plaintiffs-appellants.

James D. Oswald and Timothy St. Clair Smith, Davies, Roberts & Reid, Seattle, WA, for defendants-appellees.

Before: REINHARDT and TROTT, Circuit Judges, and SCHWARZER, District Judge.

Opinion by Judge REINHARDT; Dissent by Judge TROTT.

REINHARDT, Circuit Judge:

Large corporations have increasingly adopted the practice of hiring temporary employees or independent contractors as a means of avoiding payment of employee benefits, and thereby increasing their profits. This practice has understandably led to a number of problems, legal and otherwise. One of the legal issues that sometimes arises is exemplified by this lawsuit. The named plaintiffs...

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