BURREY v. PACIFIC GAS AND ELEC. CO.

No. 97-15976.

159 F.3d 388 (1998)

Florett BURREY; Ralph Brown; Florisa Aliabadi; Denise Barr; John Chyka; Craig Easley; George Hollie, II; Cliff J. Jackson; Mark Molina; Edilberto Natividad; Sonja Nelson; Pauline Roy; Virginia Tiu, Plaintiffs-Appellants, v. PACIFIC GAS AND ELECTRIC COMPANY; Pacific Gas & Electric Company Benefit Administration Committee; PG & E Retirement Plan; Pacific Gas & Electric Savings Fund Part 1; Pacific Gas & Electric Health & Welfare Plan; Pacific Gas & Electric Company Severance Plan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 20, 1998.


Attorney(s) appearing for the Case

Janet E. Brown, Sigman, Lewis & Feinberg, Oakland, California, for plaintiffs-appellants.

Maureen L. Fries, San Francisco, California, for defendants-appellees.

Before: LAY, KOZINSKI and T.G. NELSON, Circuit Judges.


LAY, Circuit Judge:

Florett Burrey and twelve other plaintiffs brought this action under the Employee Retirement Income Security Act of 1974 (ERISA) against Pacific Gas & Electric Co. ("PG & E"), several of its employee benefit plans, and the PG & E Employee Benefit Administrative Committee. The district court granted summary judgment in favor of PG & E on all claims. We reverse in part, and affirm in part.

The plaintiffs in this case worked...

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