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TAYLOR v. CONTINENTAL GROUP

No. 90-5556.

933 F.2d 1227 (1991)

Darel TAYLOR and Margaret Taylor Darel Taylor, Appellee, v. The CONTINENTAL GROUP CHANGE IN CONTROL SEVERANCE PAY PLAN, The General Pension Board of the Continental Group, Inc., Robert Adams, "John Doe" Numbers 1-15 and "Mary Moe" Numbers 1-15 (Names Being Fictitious), Continental Group, Inc., Kiewit Continental, Inc., Jet Aviation of America, Inc., Robert Schaeberle, and "Peter Poe" Numbers 1-15 and "Linda Loe" Numbers 1-15 (Names Being Fictitious) The Continental Group Change in Control Severance Pay Plan, Appellant.

United States Court of Appeals, Third Circuit.

May 29, 1991.

Attorney(s) appearing for the Case

Brian N. Lokker (argued), Hope M. Pomerantz, Williams, Caliri, Miller & Otley, Wayne, N.J., for appellant.

David Tykulsker (argued), Ball, Livingston & Tykulsker, Newark, N.J., for appellee Darel Taylor.

Before MANSMANN and SCIRICA, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this action under the Employee Retirement Income Security Act of 1974 (ERISA), The Continental Group Change in Control Severance Pay Plan challenges a grant of partial summary judgment awarding severance benefits to Darel Taylor. Because we find disputed issues of material fact, we will reverse and remand for further proceedings.

I.

Taylor was employed...

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