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BARTON v. MERCANTILE BANK, N.A.

No. 4:00CV166 CDP.

145 F.Supp.2d 1081 (2001)

Scott BARTON, et al., Plaintiffs, v. MERCANTILE BANK, N.A., et al., Defendants.

United States District Court, E.D. Missouri, Eastern Division.

January 4, 2001.

Attorney(s) appearing for the Case

Laura J. Kipnis, John G. Young, Jr., Julia Eileen Pusateri, Blumenfeld and Kaplan, St. Louis, MO, for Scott Barton, Michael Henritze, Scott Moore, Kevin Potter, Dean Shillito, plaintiffs.

Jennifer D. Baetje, Charles M. Poplstein, Partner, Thompson Coburn, St. Louis, MO, for Mercantile Bank, N.A., Firstar Corporation, Firstar Bank Missouri National Association fka Mercantile Bank National Association, defendants.

MEMORANDUM AND ORDER

PERRY, District Judge.

Five former employees of Mercantile Bank bring this action to collect severance benefits allegedly promised by Mercantile to employees in the event they were discharged in the 1999 merger between Mercantile and Firstar Corporation. The fourcount complaint names Mercantile and Firstar as defendants, and alleges claims under ERISA and common law theories. Defendants have moved to dismiss the complaint. I conclude...

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