Paolini v. Albertson's Inc.

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT BRUCE P. PAOLINI,  Plaintiff-Appellant, v. No. 03-35724 ALBERTSON’S INC.; PLAN  D.C. No. CV-02-00041-BLW ADMINISTRATOR, of Albertson’s amended and restated stock-based OPINION incentive plan, Defendants-Appellees.  Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, District Judge, Presiding Argued February 22, 2005 Submitted March 16, 2005 Submission Vacated August 10, 2005 Submitted April 6, 2007 Seattle, Washington Filed April 6, 2007 Before: Betty B. Fletcher and Ronald M. Gould,…