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STOKES v. WESTINGHOUSE SAVANNAH RIVER CO.

No. 99-1543.

206 F.3d 420 (2000)

Robert A. STOKES, individually and as representative of all similarly situated former employees of Westinghouse Savannah River Company, Plaintiff-Appellant, v. WESTINGHOUSE SAVANNAH RIVER COMPANY, Defendant-Appellee, Christopher George Christos; Robert L. Bailey; James M. Pope; Lorin W. Ross; Alan M. Schwartzman; George A. Krist; James O. Sloan; Michael Cohen, Movants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: March 14, 2000

Attorney(s) appearing for the Case

ARGUED: Richard E. Miley, North Augusta, South Carolina, for Appellants. Steven Mark Wynkoop, Nelson, Mullins, Riley & Scarborough, L.L.P., Greenville, South Carolina, for Appellee. ON BRIEF: William H. Foster, Nelson, Mullins, Riley & Scarborough, L.L.P., Greenville, South Carolina, for Appellee.

Before NIEMEYER, Circuit Judge, HAMILTON, Senior Circuit Judge, and SMALKIN, United States District Judge for the District of Maryland, sitting by designation.

Affirmed in part, vacated in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Senior Judge HAMILTON and Judge SMALKIN joined.

OPINION

NIEMEYER, Circuit Judge:

Upon his 1996 layoff from Westinghouse Savannah River Company as part of a reduction in force, Robert A. Stokes was provided an option to receive a lump-sum severance payment or a special retirement option, but not both. After electing the special retirement...

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