Read PETERSEN v. E.F. JOHNSON CO., 03-1494, 03-1495

Breach of contract claim brought by a former employee, who elected not to waive his rights under the old severance benefits plan and thus was not entitled to benefits under the new plan, was properly construed as an ERISA claim. District court erred in granting benefits under the new plan on equitable grounds.

Appellate Information

• Decided 04/29/2004
• Published 04/29/2004

Judges

• BYE, Circuit Judge., Before BYE and HEANEY, Circuit Judges, and HOVLAND, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Steven W. Wilson, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• David R. Forro, argued, Minneapolis, MN, for appellee.