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SPOSATO v. ELECTRONIC DATA SYSTEMS, CORP.

No. 98-16573.

188 F.3d 1146 (1999)

Stephen A. SPOSATO, Administrator, Estate of Jody Jones Sposato, Plaintiff-Appellant, v. ELECTRONIC DATA SYSTEMS, CORP., David Wire, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 26, 1999.

Attorney(s) appearing for the Case

Edwin L. Currey, Law Office of Edwin L. Currey, Lawrence R. Katzin, Bronson, Bronson & McKinnon, San Francisco, California, for the plaintiff-appellant.

Patricia M. Lucas, Fenwick & West, Palo Alto, California, for the defendants-appellees.

Before: GOODWIN, LEAVY, and THOMAS, Circuit Judges.

GOODWIN, Circuit Judge:

This appeal presents a narrow question of California law: On stipulated facts, what is the proper measure of damages where an employer is liable to a former employee for wrongful termination under the state Fair Employment and Housing Act ("FEHA"), part of the back pay and benefits package includes a life insurance policy, and the employee is killed during the back pay period? We have jurisdiction under 28 U.S.C. § 1291, and hold that...

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