Syverson v. International Business Machines Corp.

472 F.3d 1072 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 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. Amended January 3, 2007. 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,…