Syverson v. International Business Machines Corp.

461 F.3d 1147 William SYVERSON, individually, and on behalf of others similarly situated; Ruth Alice Boyd, individually, and on behalf of others similarly situated; Dale Cahill, individually, and on behalf of others similarly situated; Jack Friedman, individually, and on behalf of others similarly situated; Paul Gromkowski, individually, and on behalf of others similarly situated; Sylvia Jones, individually, and on behalf of others similarly situated; Rolf No. 04-16449 Marsh, individually, and on behalf of others similarly situated; Walter Maslak, individually, and on behalf of others similarly situated; James Payne, individually, and on behalf of others similarly situated; Antonio Rivera, individually, and on behalf of others similarly situated, Plaintiffs-counter-defendants-Appellants, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant-counter-claimant-Appellee. No. 04-16449. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 4, 2006. Filed August 31, 2006. Jeffrey N. Young and Patrick N. McTeague, McTeague, Higbee, Case, Cohen, Whitney & Toker, Topsham, ME, for the appellants. Jeffrey D. Wohl and Katherine L. Kettler, Paul, Hastings, Janofsky…