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McELWAINE v. US WEST, INC.

Nos. 97-16306, 98-15732.

176 F.3d 1167 (1999)

S.A. McELWAINE, an unmarried person, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. US WEST, INC., a foreign corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 10, 1999.

Attorney(s) appearing for the Case

Robert P. Geller, Bradford T. Yaker, Hertz, Schram & Saretsky, Bloomfield Hills, Michigan, for the plaintiff-appellant.

James J. Trimble, Fennemore Craig, Tucson, Arizona, and Elizabeth Anne Kushibab, US West, Inc., for the defendant-appellee.

Before: BRIGHT, FLETCHER, and THOMPSON, Circuit Judges.

PER CURIAM:

S.A. McElwaine ("McElwaine") pursued a claim against US West, Inc. ("US West"), her former employer, to recover pension benefits that she believed US West owed her and other early retirees as a result of US West's error in calculating the present value of the lump sum benefits it had paid to early retirees. US West admitted its calculation error, but offered McElwaine no firm commitment to remedy the shortfall. McElwaine filed suit one month before the...

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