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SULLIVAN v. LTV AEROSPACE AND DEFENSE CO.

No. 757, Docket 95-7527.

82 F.3d 1251 (1996)

William J. SULLIVAN, George H. Davidson, Roger A. Witt, Thomas W. Cobb and L. Stuart Penny, Plaintiffs-Appellees, v. LTV AEROSPACE AND DEFENSE COMPANY, The LTV Corporation, LTV Key Employee Retention Plan and Directors of the LTV Corporation, Plan Administrator, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 6, 1996.

Attorney(s) appearing for the Case

Michael J. Dell, Nessen, Kamin & Frankel, New York City (Gregory A. Horowitz, of counsel), for Defendants-Appellants.

Alan J. Bozer, Gary J. Gleba, Albrecht, Maguire, Heffern & Gregg, P.C., Buffalo, for Plaintiffs-Appellees

Before: LEVAL, CALABRESI, Circuit Judges and SPATT, District Judge.

SPATT, District Judge:

This appeal arises from the denial of severance benefits to the plaintiffs under the LTV Key Employee Retention Plan ("KERP" or the "Plan"). The plaintiffs are former employees of the Sierra Research Division ("Sierra") of the LTV Aerospace and Defense Company ("LTV"), who were terminated in November 1990. Sometime thereafter they were informed that they were not entitled to severance benefits under the KERP. They brought suit in the United...

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