KEMMERER v. ICI AMERICAS INC.

Nos. 95-1071, 95-1098.

70 F.3d 281 (1995)

John L. KEMMERER; James H. Jordan, Appellants in No. 95-1071 v. ICI AMERICAS INC. John L. KEMMERER; James H. Jordan v. ICI AMERICAS INC., Appellant in No. 95-1098.

United States Court of Appeals, Third Circuit.

Decided November 17, 1995.


Attorney(s) appearing for the Case

Theodore R. Mann (argued), Carol J. Sulcoski, Sharon C. Weinman, Mann, Ungar & Spector, P.A., Philadelphia, PA, for John L. Kemmerer, and John H. Jordan.

Michael L. Banks (argued), Morgan, Lewis & Bockius, Philadelphia, PA, for ICI Americas Inc.

Before: GREENBERG, LEWIS, and ROSENN, Circuit Judges.


OPINION OF THE COURT

GREENBERG, Circuit Judge.

In this case, arising under the Employee Retirement Income Security Act (ERISA), the district court held that the defendant company breached the terms of the executive deferred compensation plan that it offered to its highly compensated employees. Yet it also held that the appellants — participants in that plan — failed to prove they suffered any damages as a result of the breach. We hold that...

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