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FULLER v. FMC CORP.

Nos. 92-1738, 92-2248.

4 F.3d 255 (1993)

Robert F. FULLER, Ripley R. Click, Plaintiffs-Appellees, v. FMC CORPORATION; FMC Corporation Terminated Vested and Retired Salaried Employees' Retirement Plan; W. Ronald Cooper; V.H. Hare; Patrick J. Head; L.P. Holleran; W.J. Kirby; R.J. Woods; FMC Corporation Severance Pay Plan; Agri Tech, Incorporated, Defendants-Appellants. (Two Cases)

United States Court of Appeals, Fourth Circuit.

Decided July 28, 1993.

Attorney(s) appearing for the Case

John Charles Thomas, Hunton & Williams, Richmond, VA, argued (Jennings G. Ritter, II, Harry M. Johnson, III, of counsel), for defendants-appellants.

Stephen Robert Bruce, Washington, DC, argued (John B. Mann, Levit & Mann, Richmond, VA, of counsel), for plaintiffs-appellees.

Before ERVIN, Chief Judge, NIEMEYER, Circuit Judge, and RESTANI, United States Court of International Trade Judge, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

FMC Corporation sold a food machinery manufacturing plant in Woodstock, Virginia, to Agri-Tech, Inc., on September 30, 1985, and terminated its employment of the employees working at that facility. In accordance with the agreement between the corporations, Agri-Tech offered employment to all of the employees at the plant and all accepted, continuing work without interruption, but with Agri-Tech as their employer beginning...

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