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GOLDINGER v. DATEX-OHMEDA CASH BALANCE PLAN

Case No. C07-2081RAJ.

701 F.Supp.2d 1205 (2010)

Iosef GOLDINGER, et al., Plaintiffs, v. DATEX-OHMEDA CASH BALANCE PLAN, Defendant.

United States District Court, W.D. Washington, at Seattle.

March 31, 2010.

Attorney(s) appearing for the Case

James Daniel Oswald, Law Offices of James D. Oswald, Seattle, WA, Ronald Dean, Ronald Dean ALC, Pacific Pallisades, CA, for Plaintiffs.

Adrienne E. Nelson, Seyfarth Shaw, San Francisco, CA, Mark Casciari, Seyfarth Shaw, Chicago, IL, Courtney E. Mertes, Jeffrey Bennett Youmans, Davis Wright Tremaine, Seattle, WA, for Defendant.

ORDER

RICHARD A. JONES, District Judge.

I. INTRODUCTION

This matter comes before the court for the resolution of a legal issue that Plaintiffs first raised in their trial brief, and has now been the subject of supplemental briefing and oral argument. The court's resolution today means that there is no need for a trial at this time. Trial may be necessary later, however, because this order leaves two questions unresolved: was the ERISA plan at issue...

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