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GRAHAM v. BALCOR CO.

Nos. 94-16411, 94-16414 and 94-16496.

146 F.3d 1052 (1998)

Constance GRAHAM, Plaintiff-Appellant, Cross-Appellee, v. The BALCOR COMPANY, a Delaware Corporation; John Does 1-5; Jane Does 1-5; XYZ Corporation, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Opinion Filed June 15, 1998.

Opinion Withdrawn June 23, 1998.

Decided June 23, 1998.

Attorney(s) appearing for the Case

Constance Graham, Tucson, Arizona, in pro se for plaintiff-appellant-cross-appellee.

John N. Iurino, Joni M. Wallace, Lewis & Roca, Tucson, Arizona, for defendants-appellees-cross-appellants.

Before: GOODWIN, PREGERSON and FERGUSON, Circuit Judges.

Opinion by Jusge Ferguson; Partial Concurrence and Partial Dissent by Judge Goodwin.

FERGUSON, Circuit Judge:

Plaintiff-Appellant Constance Graham ("Graham") began work as Vice-President of Investments for The Balcor Company ("Balcor") in March, 1984. At that time, Graham enrolled in Balcor's employee benefits plan ("Plan") as an eligible employee. In July, Graham received a favorable performance review which stated that her attitude was "excellent," she was...

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