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VIZCAINO v. U.S. DIST. COURT FOR W. D. OF WASH.

Nos. 98-71388, 99-35013.

173 F.3d 713 (1999)

In re Donna VIZCAINO, John R. Waite, Mark Stout, Geoffrey Clubert, 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, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended June 10, 1999.

Attorney(s) appearing for the Case

Stephen K. Strong and David F. Stobaugh, and Brian J. Waid, Bendich, Stobaugh & Strong, Seattle, Washington, for appellants-petitioners-plaintiffs.

James D. Oswald and Michael P. Monaco, Song Oswald & Mondress, Seattle, Washington, Theodore O. Rogers, Jr., Sullivan & Cromwell, New York City, and Margaret K. Pfeiffer, Richard H. Sauer, and Joseph J. Matelis, Sullivan & Cromwell, Washington, DC, for appellee-real party in interest.

Before: REINHARDT and HAWKINS, Circuit Judges, and SCHWARZER, Senior District Judge.

ORDER

The Court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument.

Therefore, this matter is ordered submitted on the briefs and record without oral argument on Wednesday, May 12, 1999, in San Francisco. Fed.R.App.P.34(a); 9th Cir. R. 34-4(a)(2).

OPINION

SCHWARZER...

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