Spink
Spink v. Lockheed Corp.
Opinion
Lead Opinion
Brunetti, J.
Paul Spink filed a complaint on behalf of himself and similarly situated individuals against Lockheed Corporation and certain individual defendants (collectively “Lockheed”). Spink alleged that Lockheed’s retirement plan violated the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001 et seq., and the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., as amended by the Omnibus Budget Reconciliation Act of 1986 (OBRA 1986), Pub.L. No. 99-509, 100 Stat. 1874 (1986). The complaint also included individual claims based on ERISA and the federal common-law doctrine of equitable es-toppel. The district court dismissed the complaint pursuant to Fed.R.Civ.P. 12(b)(6). Spink appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part and reverse in part.
I. Facts and Proceedings Below
Because we are reviewing a dismissal of Spink’s complaint for failure to state a claim under Fed.R.Civ.P. 12(b)(6), we accept as true all the following material allegations of the complaint. See Carson Harbor Village Ltd. v. City of Carson, 37 F.3d 468, 472 (9th Cir.1994).
Spink worked for various subsidiaries and divisions of the Lockheed Corporation…