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LETTRICH v. J.C. PENNEY CO., INC.

No. 99-3034.

213 F.3d 765 (2000)

Joseph LETTRICH, and all others similarly situated, Appellant v. J.C. PENNEY COMPANY, INC.

United States Court of Appeals, Third Circuit.

Filed May 31, 2000

Attorney(s) appearing for the Case

Daniel W. Ernsberger (Argued), Behrend & Ernsberger, Pittsburgh, PA, for Appellant.

John B. Rizo, Sr. (Argued), J.C. Penney Company, Inc., Legal Department, Plano, TX, for Appellee.

Before: SLOVITER, MANSMANN, and ROTH, Circuit Judges

OPINION OF THE COURT

SLOVITER, Circuit Judge.

At issue on this appeal is the requirement under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461, that an employer notify participants of a material change in a welfare plan. Plaintiff Joseph Lettrich contends that he left his position as a pharmacist with J.C. Penney Company, Inc. in 1997 under the belief that he was entitled to the severance benefits established...

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