VIZCAINO v. MICROSOFT CORP.

No. 94-35770.

120 F.3d 1006 (1997)

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 July 24, 1997.


Attorney(s) appearing for the Case

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

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

Ethan Lipsig, Paul, Hastings, Janofsky & Walker, Los Angeles, CA, for amici curiae American Electronics Association, California Chamber of Commerce, California Employment Law Council, and The Employers Group.

Steven Cherensky, Weil, Gotshal & Manges, Menlo Park, CA, for amici curiae American Payroll Association, Association of Private Pension and Welfare Plans.

Linda J. Dunn, Office of the Attorney General, Seattle, WA, for amicus Washington State Department of Labor and Industries.

Before: HUG, Chief Judge, and BROWNING, FLETCHER, PREGERSON, HALL, O'SCANNLAIN, FERNANDEZ, T.G. NELSON, HAWKINS, TASHIMA, and THOMAS, Circuit Judges.


Opinion by Judge FERNANDEZ; Partial Concurrence and Partial Dissent by Judge FLETCHER; Partial Concurrence and Partial Dissent by Judge O'SCANNLAIN.

FERNANDEZ, Circuit Judge.

Donna Vizcaino, Jon R. Waite, Mark Stout, Geoffrey Culbert, Lesley Stuart, Thomas Morgan, Elizabeth Spokoiny, and Larry Spokoiny brought this action on behalf of themselves and a court-certified class (all are hereafter collectively referred to as "the Workers"). They sued Microsoft Corporation...

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