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HARRIS v. AMGEN, INC.

No. 08-55389.

573 F.3d 728 (2009)

Steve HARRIS; Dennis F. Ramos, On Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellants, v. AMGEN, INC.; Frank J. Biondi, Jr.; Jerry D. Choate; Frank C. Herringer; Gilbert S. Omenn; David Baltimore; Judith C. Pelham; Kevin W. Sharer; Frederick W. Gluck; Leonard D. Schaeffer; Robert A. Bradway; Retirement Benefits Committee of the Board of Directors of Amgen, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 14, 2009.

Attorney(s) appearing for the Case

Francis M. Gregorek, Betsy C. Manifold, Rachele R. Rickert, and Mark C. Rifkin (argued), Wolf Haldenstein Adler Freeman & Herz LLP, San Diego, CA, and Thomas J. McKenna, Gainey & McKenna, New York, NY, for the plaintiffs-appellants.

Steven O. Kramer, John Nadolenco, Mack Anderson, Robert P. Davis (argued), and Michele L. Odorizzi, Mayer Brown LLP, Los Angeles, CA, for the defendants-appellees.

Before BETTY B. FLETCHER, RAYMOND C. FISHER, and RONALD M. GOULD, Circuit Judges.

OPINION

GOULD, Circuit Judge:

Steve Harris and Dennis F. Ramos (collectively, "Plaintiffs") sued Amgen, Inc. ("Amgen") and several Amgen directors and officers, alleging that the defendants breached their fiduciary duties under the Employee Retirement Income Security Act ("ERISA") in their operation of two ERISA retirement plans. The district court dismissed Harris's claims on the ground that he lacked standing as an ERISA plan "participant" because he had...

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