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SCHROEDER v. PHILLIPS PETROLEUM CO.

Nos. 93-2474, 93-2614.

17 F.3d 1147 (1994)

James SCHROEDER, on behalf of himself and as a representative of the class herein defined, Appellant/Cross-Appellee, v. PHILLIPS PETROLEUM COMPANY, Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 10, 1994.

Rehearing and Suggestion for Rehearing Denied April 19, 1994.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Thom K. Cope of Lincoln, Nebraska.

Counsel who presented argument on behalf of the appellee was Janet M. Reason of Bartlesville, Oklahoma. David R. Wilson of Lincoln, Nebraska appeared on the brief.

Before LOKEN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and EISELE, Senior District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied April 19, 1994.

LOKEN, Circuit Judge.

On February 28, 1986, Phillips Petroleum Company sold the stock of its wholly-owned subsidiary, American Fertilizer & Chemical Company, to Cepex, Incorporated. In this action brought under § 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1132(a)(1)(B), American Fertilizer employees seek to recover severance pay from Phillips...

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