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DELAYE v. AGRIPAC, INC.

Nos. 93-35257, 93-35398 and 93-35578.

39 F.3d 235 (1994)

Dennis DELAYE, Individually & on Behalf of the Agripac, Inc./Dennis Delaye "Employment Contract", Plaintiff-Appellee, v. AGRIPAC, INC., an Oregon corporation, Defendant-Appellant (Two Cases). Dennis DELAYE, Individually & on Behalf of the Agripac, Inc./Dennis Delaye "Employment Contract", Plaintiff-Appellant, v. AGRIPAC, INC., an Oregon corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 3, 1994.

Attorney(s) appearing for the Case

Charles F. Adams and Jill D. Bowman, Stoel, Rives, Boley, Jones & Grey, Portland, OR, for defendant-appellant-cross-appellee.

Richard C. Busse and Scott N. Hunt, Law Offices of Richard C. Busse, Portland, OR, for plaintiff-appellee-cross-appellant.

Before ALDISERT, NORRIS and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Agripac, Inc. appeals the district court's judgment in favor of Dennis Delaye in his action brought under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461 (1985 & Supp.1993). Delaye alleges Agripac violated ERISA by denying him severance benefits when he was fired. Delaye cross-appeals from the district court's denial of his request for attorney fees.

Delaye predicates federal court...

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