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SCHIKORE v. BANKAMERICA SUPPLEMENTAL RETIREMENT

Nos. 99-16952, 99-17017.

269 F.3d 956 (2001)

Karla SCHIKORE, Plaintiff-Appellee-Cross-Appellant, v. BANKAMERICA SUPPLEMENTAL RETIREMENT PLAN, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 16, 2001.

Attorney(s) appearing for the Case

Margaret M. Farley, Esq., Farley Law Offices, San Rafael, California, for the defendant-appellant-cross-appellee.

Paul V. Simpson, Esq., Leigh Ann Alderman, Esq., Simpson, Garrity & Innes, San Francisco, California, for the plaintiff-appellee-cross-appellant.

Before: STEPHEN REINHARDT, A. WALLACE TASHIMA, and MARSHA S. BERZON, Circuit Judges.

Opinion by Judge REINHARDT; Dissent by Judge TASHIMA

OPINION

REINHARDT, Circuit Judge:

Plaintiff Karla Schikore, a 20-year employee of Bank of America, NT & SA, seeks lump-sum disbursement of retirement benefits she has accrued as a participant in the BankAmerica Supplemental Retirement Plan, an employee benefits plan covered under the ERISA statute. The defendant Plan denied Schikore's request on the ground that she failed properly to follow...

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