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TOMLINSON v. EL PASO CORP.

No. 10-1385.

653 F.3d 1281 (2011)

Wayne TOMLINSON, individually and on behalf of all others similarly situated; Alice Ballesteros, individually and on behalf of all others similarly situated; Gary Muckelroy, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. EL PASO CORPORATION; El Paso Pension Plan, Defendants-Appellees. Equal Employment Advisory Council; Chamber of Commerce of the United States of America, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

August 11, 2011.

Attorney(s) appearing for the Case

Stephen R. Bruce , Stephen R. Bruce Law Offices, Washington D.C. ( Allison C. Pienta , Stephen R. Bruce Law Offices, Washington, D.C., and Barry D. Roseman , McNamara, Roseman, Martinez & Kazmierski, LLP, Denver, Colorado, with him on the briefs), for the Plaintiffs-Appellants.

Darren E. Nadel , Littler Mendelson, P.C., Denver, Colorado ( Stephanie L. Hankin , Littler Mendelson, P.C., Denver, Colorado, and Chistopher J. Rillo , Schiff Hardin LLP, San Francisco, California, with him on the briefs), for the Defendants-Appellees.

Robin S. Conrad and Shane B. Kawka , National Chamber Litigation Center, Inc., Washington, D.C., and Rae T. Vann , Norris Tysse , Lampley & Lakis, LLP, Washington, D.C., filed an Amici Curiae brief for Equal Employment Advisory Council and Chamber of Commerce of the United States of America, on behalf of Defendants-Appellees.

Before KELLY, BALDOCK, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

In this putative class action, Wayne Tomlinson, Alice Ballesteros, and Gary Muckelroy appeal the dismissal of their claims against El Paso Corporation and the El Paso Pension Plan (collectively "El Paso") brought under the Age Discrimination in Employment Act ("ADEA") and the Employee Retirement Income Security Act ("ERISA").1

Plaintiffs' claims concern "wear-away periods" that occurred during El Paso's transition...

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