Bower v. Bunker Hill Company

725 F.2d 1221 115 L.R.R.M. (BNA) 3095 , 100 Lab.Cas. P 10,811 , 5 Employee Benefits Ca 1180 Russell BOWER; Jesse Collins; Lorenzo Bower; Frederick Flagel; Claude Becker; Robert Cantrell; Judson Williams; and Donald Hook, for themselves and all persons similarly situated, Plaintiffs-Appellants, v. The BUNKER HILL COMPANY, Defendant-Appellee. No. 83-3634. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 9, 1983. Decided Feb. 14, 1984. Daniel P. McIntyre, Pittsbury, Pa., for plaintiffs-appellants. Eugene I. Annis, Lukins & Annis, P.S., Spokane, Wash., William F. Boyd, Brown, Peacock, Keane & Boyd, Kellogg, Idaho, for defendant-appellee. Appeal from the United States District Court for the Eastern District of Washington. Before SNEED, NELSON and REINHARDT, Circuit Judges. NELSON, Circuit Judge: 1 Former employees of The Bunker Hill Company brought suit alleging that the Company improperly discontinued retirement medical insurance when it ceased operations. The district court granted defendant's motion for summary judgment on the ground that these insurance benefits were not vested. The employees appeal this ruling. We vacate the grant of summary…