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YOCHUM v. BARNETT BANKS, INC. SEVERANCE PAY PLAN

No. 99-13581.

234 F.3d 541 (2000)

Thomas H. YOCHUM, Plaintiff-Appellant, v. BARNETT BANKS, INC. SEVERANCE PAY PLAN, Employee Benefits Committee of the Barnett Banks, Inc. Severance Pay Plan, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

December 1, 2000.

Attorney(s) appearing for the Case

Morey Raiskin, Lowndes, Drosdick, Doster, Kantor & Reed, P.A., Orlando, FL, Robert John Winicki, Winicki Law Firm, Ponte Vedra Beach, FL, For Plaintiff-Appellant.

Robert Tilford Kofman, Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A., Susan J. Toepfer, Miami, FL, for Defendants-Appellees.

Before EDMONDSON and BIRCH, Circuit Judges, and BLACKBURN, District Judge.

PER CURIAM:

On this appeal we decide whether, after NationsBank bought Barnett Bank, NationsBank's oral job offer to an executive of Barnett Bank that gave the executive more responsibility, but only guaranteed his salary for one year and eliminated his stock options, constitutes comparable employment under the meaning of an ERISA severance pay plan. The district court held that the new offer was comparable, and that by refusing the offer, the bank executive disqualified...

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