United States Eighth Circuit
Bender v. Xcel Energy, Inc., 06-2634
In an action brought by former executives who filed an ERISA action against the successor to their company's parent corporation claiming that it denied benefits due to them under certain plans, summary judgment for defendant is affirmed where: 1) the district court properly concluded that plaintiffs were not participants in a 2000 Statement and therefore could not maintain their action against defendant for deferred compensation benefits; and 2) the district court properly concluded that substitute releases certain plaintiffs provided for purposes of participating in a Severance Plan did not satisfy their obligations under that plan, and thus their claims for stock benefits failed.
Appellate Information
- Decided 10/29/2007
- Published 10/29/2007
Judges
- HANSEN, Circuit Judge., Before MURPHY, HANSEN, and SMITH, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- William O'Brien, argued, Kelly A. Jeanetta, Meg Luger-Nikolai, on the brief, Minneapolis, MN, for appellants.
- For Appellees:
- Timothy R. Thornton, argued, Steven W. Wilson, Thomas J. Basting, Jr., James L. Altman, Daniel A. Shoemaker, on the brief, Minneapolis, MN, for appellee.