Opinion by Judge W. FLETCHER; Partial Concurrence and Partial Dissent by Judge FERNANDEZ.
W. FLETCHER, Circuit Judge:
Appellant Ernest Bins worked for Exxon, U.S.A. ("EUSA"), a division of Exxon Corporation ("Exxon"), for fifteen years. In the months before he retired, Bins unsuccessfully attempted to confirm rumors that EUSA was considering offering eligible employees a lump-sum retirement incentive under an existing employee benefit plan covered by the Employee...
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