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POORE v. SIMPSON PAPER CO.

No. 05-36060.

544 F.3d 1062 (2008)

Clayton R. POORE; Dorothy Ann Teske; Sharon Riggs; Dennis Hawke; Merrie Lou Hawke; John Anderson; Barbara Anderson; Robert Elledge; Mary Elledge; Robert Poschwatta, Marie Poschwatta; James Gundiff; Marie Gundiff; Jerry Cusick; Selma Cusick; Harold Huiras; Linda Huiras; Owen Enevoldsen; and Donna Enevoldsen, Plaintiffs-Appellants, v. SIMPSON PAPER COMPANY, a Washington corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 22, 2008.

Attorney(s) appearing for the Case

Thomas K. Doyle, Bennett, Hartman, Morris & Kaplan, Portland, OR, argued the cause for the plaintiffs-appellants and filed briefs.

Douglas S. Parker, Preston Gates & Ellis LLP, Anchorage, AK, argued the cause for the defendant-appellee and filed a brief.

Opinion by Judge O'SCANNLAIN; Dissent by Judge GRABER.

O'SCANNLAIN, Circuit Judge:

We must decide whether we have subject matter jurisdiction over this dispute about retirement benefits.

I

Simpson Paper Company ("Simpson") owned and operated the Evergreen Mill in West Linn, Oregon from 1990 until 1996, when it closed for economic reasons. Plaintiffs are former workers in the mill, who retired at ages over 55 but under 65, and their dependent spouses (collectively referred to as "early retirees" or "retirees...

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