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HEIN v. TechAMERICA GROUP, INC.

Nos. 92-3337, 92-3378.

17 F.3d 1278 (1994)

Virgil David HEIN, Plaintiff-Counter-Defendant-Appellant and Cross-Appellee, v. TechAMERICA GROUP, INC., and Fermenta Animal Health Co., Defendants-Counter-Claimants-Appellees and Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

February 23, 1994.

Attorney(s) appearing for the Case

Brian D. Williams (John G. Early with him on the briefs) of Watson, Ess, Marshall & Enggas, Kansas City, Missouri, for Appellant-Cross-Appellee.

Thomas L. Thurston (Thomas A. Hamill with him on the brief) of Perry & Hamill, Overland Park, Kansas, for Appellees-Cross-Appellants.

Before BALDOCK, McWILLIAMS and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

This appeal and cross-appeal each requires resolution of a single issue. On appeal, the issue is whether an employee's interest in an employer's salary continuation plan vested. The trial court concluded it was not and we affirm. On cross-appeal, the issue is whether the employer is entitled to recover benefits and salary paid the employee under the faithless servant doctrine. The trial court concluded it was not and we affirm.

A

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