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STARK v. PPM AMERICA, INC.

No. 02-3751, 02-4058, 03-1481, 03-2655.

354 F.3d 666 (2004)

F. John STARK III, Plaintiff-Appellant, v. PPM AMERICA, INC., PPM Holdings, Inc., and the Amended and Restated PPM Holdings, Inc. Change of Control Severance Plan, Plan No. 503, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 9, 2004.

Attorney(s) appearing for the Case

Scott A. Schaefers, D'Ancona & Pflaum, Chicago, IL, Michelle J. D'Arcambal, argued, Moran & D'Arcambal New York, NY, for Plaintiff-Appellant.

Michael L. Banks, argued, Morgan, Lewis & Bockius, Philadelphia, PA, for Defendants-Appellees.

Before RIPPLE, DIANE P. WOOD, and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

F. John Stark III filed this suit seeking a substantial award under a "change of control" provision in a benefits plan governed by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. He also sought what he sees as earned compensation in the form of a bonus. The district court granted summary judgment for the defendants and gave them a sizeable attorney fees award of $261,529. Stark appeals...

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