Ted A. Chervin, and Don Fletcher Norma Reeves Don Smith v. Sulzer Bingham Pumps, Inc.

967 F.2d 584 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ted A. CHERVIN, Plaintiff, and Don FLETCHER; Norma Reeves; Don Smith, Plaintiffs-Appellants, v. SULZER BINGHAM PUMPS, INC., Defendant-Appellee. No. 91-35144. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 7, 1992. Decided May 29, 1992. 1 Before WALLACE, Chief Judge, GOODWIN, Circuit Judge, and LEVI, * District Judge. 2 MEMORANDUM ** 3 Former employees (employees) of Sulzer Bingham Pumps (Sulzer) appeal from a district court order (1) denying their motion to amend their complaint and (2) granting summary judgment to Sulzer on the ground that the employees' health benefits were not vested and that Sulzer reserved the right to modify or terminate benefits at any time. The district court had jurisdiction pursuant to 29 U.S.C. § 1132 (e)(1). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm. 4 * Employees sought to amend their complaint to state a…