stanley-i-jacobson-daniel-p-welsh-robert-e-mcmillin-ernest-o-blandin , 128 F.3d 1305 ( 1998 )


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  • 128 F.3d 1305

    Stanley I. JACOBSON; Daniel P. Welsh; Robert E. Mcmillin;
    Ernest O. Blandin; Richard E. Hook, Plaintiffs-Appellants,
    v.
    HUGHES AIRCRAFT COMPANY; Hughes Non-Bargaining Retirement
    Plan, Defendants-Appellees.

    No. 93-55392.

    United States Court of Appeals,
    Ninth Circuit.

    Oct. 23, 1997.
    As Amended Jan. 23, 1998.

    1

    ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING

    2

    The majority opinion, filed January 23, 1997 [105 F.3d 1288], is amended as follows:

    3

    At Slip Opinion page 888 in footnote 3 [105 F.3d at 1295], in the third paragraph, the deletion should be only of the sentence "The question of when a termination occurs is a mixed question of law and fact." The citation should be corrected as follows: "See 26 C.F.R. § 1.401...."

    4

    At Slip Opinion page 900 [105 F.3d at 1300], delete the first full paragraph starting with "In determining whether ... " and ending with " ... to ERISA context)."

    5

    With the above amendment, a majority of the panel has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc.

    6

    The full court has been advised of the suggestion for rehearing en banc and no judge of the court has requested a vote on it. Fed. R.App. 35(b).

    7

    The petition for rehearing is denied and the suggestion for rhearing en banc is rejected.