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BINS v. EXXON CO. U.S.A.

No. 98-55662.

220 F.3d 1042 (2000)

Ernest S. BINS, Plaintiff-Appellant, v. EXXON COMPANY U.S.A., a division of Exxon Corp., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2000.

Attorney(s) appearing for the Case

Thomas G. Moukawsher, Moukawsher & Walsh, LLC, Groton, Connecticut, for the plaintiff-appellant.

James Severson, John R. Reese, Robert A. Bundage, Heather C. Beatty, Allyson W. Sonenshine, McCutchen, Doyle, Brown & Enersen, LLP, Los Angeles, California, and David M. Rivet, Exxon Company, U.S.A., Houston, Texas, for the defendant-appellee.

Paul W. Crane, Jr., Paul, Hastings, Janofsky, Waslker, San Francisco, California, for amicus California Employment Law Council.

Hollis T. Hurd, Smith & Downey, P.A., Pittsburgh, Pennsylvania, and Stephen A. Bokat, Robin S. Conrad, Sussan Mahallati Kysela, National Chamber Litigation Center, Inc., Washington, D.C., for amicus Chamber of Commerce of the United States.

Before: HUG, Chief Judge, BROWNING, SCHROEDER, O'SCANNLAIN, FERNANDEZ, KLEINFELD, HAWKINS, TASHIMA, MCKEOWN, WARDLAW and FISHER, Circuit Judges.

Argued and Submitted En Banc March 20, 2000.

Opinion by Judge FISHER; Partial Concurrence and Partial Dissent by Judge FERNANDEZ.

FISHER, Circuit Judge:

We must determine in this case the point at which an employer who administers a plan under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001, et seq., has a duty to inform plan participants that it is considering a proposal to offer more generous retirement...

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