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VARTANIAN v. MONSANTO CO.

No. 97-1556.

131 F.3d 264 (1997)

Leo VARTANIAN, Plaintiff — Appellant, v. MONSANTO COMPANY, et al., Defendants — Appellees.

United States Court of Appeals, First Circuit.

Decided December 15, 1997.

Attorney(s) appearing for the Case

John C. Sikorski, Springfield, MA, with whom Robinson Donovan Madden & Barry, P.C., was on brief, for appellant.

Richard J. Pautler, St. Louis, MO, with whom Peper, Martin, Jensen, Maichel and Hetlage, Francis D. Dibble, Jr., Springfield, MA, and Bulkley, Richardson and Gelinas, were on brief, for appellees.

Before TORRUELLA, Chief Judge, LYNCH, Circuit Judge, and STEARNS, District Judge.

STEARNS, District Judge.

This appeal involves a question of first impression in this circuit, namely, the standard to apply in determining when an employer's consideration of an employee severance program gives rise to a fiduciary duty of disclosure under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 ("ERISA"). Plaintiff-Appellant Leo Vartanian alleges that his former employer, Monsanto...

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