Hughes Salaried Retirees Action Committee Peter Formo Richard E. Miller Normal C. Rigby v. Administration of the Hughes Non-Bargaining Retirement Plan

Good Law
978 F.2d 1265·1992 WL 332117·1992 U.S. App. LEXIS 34259
United States Court of Appeals for the Ninth CircuitNovember 10, 199291-55840California345 words

Opinion

Opinion

978 F.2d 1265 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. HUGHES SALARIED RETIREES ACTION COMMITTEE; Peter Formo; Richard E. Miller; Normal C. Rigby, Plaintiffs-Appellants, v. ADMINISTRATION OF the HUGHES NON-BARGAINING RETIREMENT PLAN, Defendant-Appellee. No. 91-55840. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 9, 1992. Decided Nov. 10, 1992. Before POOLE, FERNANDEZ and T.G. NELSON, Circuit Judges. ORDER 1 At oral argument, the panel suggested there might be no final order. Counsel said the district court made it clear at the hearing that the dismissal was to be with prejudice. 2 The district court's instructions to counsel at the hearing on the motion were to "submit a proposed court order for my editing that states fully the reasons for this." 3 In editing the ten-page proposed order, the district court struck out language saying the complaint was dismissed in its entirety "without leave to amend." It also struck an entire paragraph…

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