BUI v. AMERICAN TELEPHONE & TELEGRAPH CO. INC.

No. 01-35509.

310 F.3d 1143 (2002)

Nga BUI, as Personal Representative of the Estate of Hung M. Duong, Deceased, Plaintiff-Appellant, v. AMERICAN TELEPHONE & TELEGRAPH COMPANY INCORPORATED, a New York corporation; Lucent Technologies, Inc., a Delaware corporation; International SOS Assistance, Inc., a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 15, 2002.


Attorney(s) appearing for the Case

Baolin Chen, Portland, OR, for the appellant.

R. Daniel Lindahl and Lori K. DeDobbelaere, Dunn, Carney, Allen, Higgins & Tongue LLP, Portland, OR, and Jacqueline Wilson and John Skelton, Litigation Solutions Law Group LLP, Redwood City, CA, for the appellees.

Before: GOODWIN, T.G. NELSON, and GRABER, Circuit Judges.


T.G. NELSON, Circuit Judge.

INTRODUCTION

We reverse and remand in part, and affirm in part, the district court's grant of summary judgment in favor of defendants, American Telephone and Telegraph Company Incorporated ("AT & T"), Lucent Technologies, Inc. (together, "AT & T/Lucent"), and International SOS Assistance, Inc. ("SOS"). The district court granted summary judgment on the ground that the Employee Retirement Income Security Act of 1974

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