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IN RE VIZCAINO v. UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON

Nos. 98-71388, 99-35013.

184 F.3d 1070 (1999)

In re Donna VIZCAINO; John R. Waite; Mark Stout; Geoffrey Culbert; Lesley Stuart; Thomas Morgan; Elizabeth Spokoiny and Larry Spokoiny; and the class they represent, Plaintiffs-Petitioners, v. UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON, Respondent, Microsoft Corporation and its pension and welfare benefits plans, Defendants-Real Parties in Interest. Donna Vizcaino; John R. Waite; Mark Stout; Geoffrey Culbert; Lesley Stuart; Thomas Morgan; Elizabeth Spokoiny; Larry Spokoiny, Plaintiffs-Appellants, v. Microsoft Corporation, and its health and benefits plans: Health Benefit Plan, Life Insurance Plan, Short-term and Long-term Disability Plans, and Savings (401K) Plan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Second Amendment June 24, 1999.

ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING EN BANC

The opinion filed on May 12, 1999 [173 F.3d 713], is amended as follows: On slip opinion page 6081, line 17 [173 F.3d at 721], please insert the following text immediately following "F.3d at 1200.":

Blake v. City of Los Angeles, 595 F.2d 1367, 1385-86 (9th Cir.1979), on which Microsoft relies, is inapposite, first...

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