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RODOWICZ v. MASSACHUSETTS MUT. LIFE INS. CO.

Nos. 00-2077, 00-2078.

279 F.3d 36 (2002)

Stanley A. RODOWICZ, Margaret Stevens, and James Lemon, Plaintiffs, Appellees, Cross-Appellants, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Defendant, Appellant, Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided February 4, 2002.

Attorney(s) appearing for the Case

Edward J. McDonough Jr. with whom Egan, Flanagan and Cohen, P.C. was on brief for appellant.

John C. Sikorski with whom John E. Garber and Robinson Donovan Madden & Barry, P.C. were on brief for appellees.

Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LYNCH, Circuit Judge.

In October of 1992 Massachusetts Mutual Insurance Company, seeking to improve its financial stability, attempted to reduce its work force by offering a Voluntary Termination Program ("VTP"). The program, open to all employees, offered a generous severance package. Some who took the program did so by retiring. Although the program did not offer enhanced retirement benefits, it did, of course, through the larger severance package, increase the...

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