FLICK v. BORG-WARNER CORP.

No. 89-5323.

892 F.2d 285 (1989)

Alan FLICK, Lester H. Bausman, Jr., Michael J. Houtz, Curvin T. Kraft, Kenneth J. Peifer, Norman Renier, Marilyn A. Sandell, James Spells, Jr., Thomas Harsch, Francis X. Weber, James Knaub, Kenneth Border, Jr., and Jeffrey L. Dressel, Appellants, v. BORG-WARNER CORPORATION, Appellee.

United States Court of Appeals, Third Circuit.

Decided December 19, 1989.

Rehearing and Rehearing Denied January 24, 1990.


Attorney(s) appearing for the Case

Gerald J. Williams (argued), Slap, Williams & Cuker, Philadelphia, Pa., for appellants.

Mark A. Casciari (argued), Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., for appellee.

Before BECKER, COWEN, and WEIS, Circuit Judges.


Rehearing and Rehearing In Banc Denied January 24, 1990.

OPINION OF THE COURT

WEIS, Circuit Judge.

The district court ruled that the terms of a revised severance plan did not grant plaintiff employees benefits on the termination of their services. On appeal, plaintiffs for the first time assert that defendant could not revise its original plan because it had failed to prove the existence of a provision permitting amendments. Because plaintiffs did...

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