United States Seventh Circuit

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Lewitton v. ITA Software, Inc., 08-3725

In plaintiff's breach of employment contract case against his former employer involving options to purchase stock, summary judgment for plaintiff is affirmed as the employment contract unambiguously allows plaintiff to exercise all of the options he accumulated during his 25-month tenure with the company, and as such, he is entitled to exercise option to purchase 138,900 shares of the company stock, not 34,722 shares as argued by defendant.

Appellate Information

  • Decided 10/28/2009
  • Published 10/28/2009


  • EVANS, Circuit Judge., Before BAUER, KANNE, and EVANS, Circuit Judges.


  • United States Seventh Circuit


  • For Appellees:
  • Donald J. Mizerk, Attorney (argued), Welsh & Katz, Chicago, IL, for Plaintiff-Appellee., Brian A. Davis, Attorney (argued), Mitch Kaplan, Choate, Hall & Stewart, Boston, MA, Max A. Stein, Attorney, Reed Smith LLP, Chicago, IL, for Defendant-Appellant.
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