Thomas Cosgrove, Husband, on His Own Behalf and on Behalf of All Others Similarly Situated, Matilda June Cosgrove, Wife, on Her Own Behalf and on Behalf of All Others Similarly Situated v. Circle K Corporation, a Texas Corporation, Circle K Convenience Stores, Inc., a Texas Corporation Fred Hervey, Thomas Cosgrove, Husband, on His Own Behalf and on Behalf of All Others Similarly Situated, Matilda June Cosgrove, Wife, on Her Own Behalf and on Behalf of All Others Similarly Situated v. Circle K Corporation, a Texas Corporation, Circle K Convenience Stores, Inc., a Texas Corporation Fred Hervey, Millard O. Orick, Bill J. Farmer, Robert Hutchinson, Fred Hervey Interests Employees Retirement Plan, Thomas Cosgrove, Husband, on His Own Behalf and on Behalf of All Others Similarly Situated, Matilda June Cosgrove, Wife, on Her Own Behalf and on Behalf of All Others Similarly Situated v. Valley National Bank, and Charles Shoumaker, Karl Eller, H.R. Fenstermacher, W.A. Franke, Dean P. Guerin, John P. Harbin, Carl H. Lindner, Keith E. Lindner, Robert M. Reade, A. Jerry Busby, Jane Doe Shoumaker, Wife, Jane Doe Eller, Wife, Jane Doe Fenstermacher, Wife, Jane Doe, Wife, Jane Doe Guerin, Wife, Jane Doe Harbin, Wife, Jane Doe Lindner, Wife to Keith E. Lindner, Jane Doe Reade, Wife
Opinion
Opinion
944 F.2d 908 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thomas COSGROVE, husband, on his own behalf and on behalf of all others similarly situated, Matilda June Cosgrove, wife, on her own behalf and on behalf of all others similarly situated, Plaintiffs-Appellants, v. CIRCLE K CORPORATION, a Texas corporation, Circle K Convenience Stores, Inc., a Texas corporation; Fred Hervey, et al., Defendants-Appellees. Thomas COSGROVE, husband, on his own behalf and on behalf of all others similarly situated, Matilda June Cosgrove, wife, on her own behalf and on behalf of all others similarly situated, Plaintiffs-Appellees, v. CIRCLE K CORPORATION, a Texas corporation, Circle K Convenience Stores, Inc., a Texas corporation; Fred Hervey, et al., Millard O. Orick, Bill J. Farmer, Robert Hutchinson, Fred Hervey Interests Employees Retirement Plan, Defendants-Appellants. Thomas COSGROVE, husband, on his own behalf and on behalf of all others similarly situated, Matilda June Cosgrove,…