128 F.3d 1305
9th Cir.
1998

128 F.3d 1305

Stanley I. JACOBSON; Daniel P. Welsh; Robert E. Mcmillin;
Ernest O. Blandin; Richard E. Hook, Plaintiffs-Appellants,
v.
HUGHES AIRCRAFT COMPANY; Hughes Non-Bargaining Retirement
Plan, Defendants-Appellees.

No. 93-55392.

United States Court of Appeals,
Ninth Circuit.

Oct. 23, 1997.
As Amended Jan. 23, 1998.

1

ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING

2

The majority opinion, filed January 23, 1997 [105 F.3d 1288], is amended as follows:

3

At Slip Opinion page 888 in footnote 3 [105 F.3d at 1295], in the third paragraph, the deletion should be only of the sentence "The question of when a termination occurs is a mixed question of law and fact." The citation should be corrected as follows: "See 26 C.F.R. § 1.401...."

4

At Slip Opinion page 900 [105 F.3d at 1300], delete the first full paragraph starting with "In determining whether ... " and ending with " ... to ERISA context)."

5

With the above amendment, a majority of the panel has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc.

6

The full court has been advised of the suggestion for rehearing en banc and no judge of the court has requested a vote on it. Fed. R.App. 35(b).

7

The petition for rehearing is denied and the suggestion for rhearing en banc is rejected.