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JOHNSON v. BUCKLEY

No. 02-17094.

356 F.3d 1067 (2004)

Nedra JOHNSON; Deborah Nelson; Michael Friend; Carol Larsen, Plaintiffs-Appellants, v. James BUCKLEY; Charles Carroll; Burt Chase; Ed De Garbolewski; John Sininger; Holly Williams, Defendants, and W.L. Gore & Associates, Inc. Restated Assoc. Stock Ownership Plan, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 28, 2004.

Attorney(s) appearing for the Case

Susan Martin, Martin & Bonnett, P.L.L.C., Phoenix, AZ, for the plaintiffs-appellants.

Charles F. Knapp, Faegre & Benson LLP, Minneapolis, MN, for the defendant-appellee.

Paul W. Heiring, Faegre & Benson LLP, Minneapolis, MN, for the defendant-appellee.

Before: SCHROEDER, Chief Judge, D.W. NELSON, and RYMER, Circuit Judges.

D.W. NELSON, Senior Circuit Judge:

When W.L. Gore & Associates, Inc., (Gore) closed its Phoenix, Arizona, electronic parts plant in 1998, many of its employees lost their jobs before they qualified for an additional year of vesting and benefit accrual credit under Gore's stock ownership and pension benefit plan (Plan). Gore's Plan used the long-standing "elapsed-time method" to calculate vesting and benefit accrual. That method counts the period of time the employee...

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