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PAOLINI v. ALBERTSON'S INC., PLAN

No. 03-35724.

482 F.3d 1149 (2007)

Bruce P. PAOLINI, Plaintiff-Appellant, v. ALBERTSON'S INC.; PLAN ADMINISTRATOR, of Albertson's amended and restated stock-based incentive plan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted March 16, 2005.

Submission Vacated August 10, 2005.

Submitted April 6, 2007.

Filed April 6, 2007.

Attorney(s) appearing for the Case

Bruce P. Paolini, Pro se, Virginia Beach, VA, plaintiff-counterdefendant-appellant.

J. Walter Sinclair, Harry S. Chandler, & Wade L. Woodard, Stoel Rives LLP, Boise, ID, for defendant-counterclaimant-appellee Albertson's, Inc., and defendant-appellee the Plan Administration of Albertson's Amended and Restated Stock-Based Incentive Plan.

Before: BETTY B. FLETCHER and GOULD, Circuit Judges, and KING, District Judge.

BETTY B. FLETCHER, Circuit Judge:

Bruce P. Paolini ("Paolini") appeals the district court's grant of summary judgment to the defendants—Paolini's former employer Albertson's, Inc. and the Administrator of Albertson's, Inc.'s Stock-Based Incentive Plan (the "Plan Administrator"), (collectively "Albertson's").

I.

Paolini was an employee of Albertson's for seventeen years. He advanced to the position of Senior Vice President of Labor Relations...

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