BRINES v. XTRA CORP.

No. 01-3977.

304 F.3d 699 (2002)

Kelly BRINES, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. XTRA CORP., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 10, 2002.


Attorney(s) appearing for the Case

Michael J. Brunton (argued), Collinsville, IL, for Plaintiff-Appellant.

Allen D. Allred (argued), Thompson Co-burn, St. Louis, MO, for Defendant-Appellee.

Before POSNER, MANION, and DIANE P. WOOD, Circuit Judges.


POSNER, Circuit Judge.

This is a class action under ERISA on behalf of 55 employees terminated when their employer, XTRA, transferred the part of its business in which they worked to ContainerPort. They claim that XTRA's welfare benefits plan entitled them to severance pay even though they were offered the same employment by ContainerPort without a break on essentially the same terms. The district judge granted summary judgment for XTRA.

XTRA's 1992 plan promised...

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