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PETERSEN v. E.F. JOHNSON CO.

Nos. 03-1494, 03-1495.

366 F.3d 676 (2004)

Daniel William PETERSEN, Appellee/Cross-Appellant, v. E.F. JOHNSON COMPANY, a Minnesota Corporation; Transcrypt International, Inc., also known as EFJ, Inc., Appellants/Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 29, 2004.

Attorney(s) appearing for the Case

Steven W. Wilson, argued, Minneapolis, MN, for appellant.

David R. Forro, argued, Minneapolis, MN, for appellee.

Before BYE and HEANEY, Circuit Judges, and HOVLAND, District Judge.

BYE, Circuit Judge.

This appeal involves a dispute over Daniel Petersen's right to severance benefits after he was laid off, and eventually terminated, by E.F. Johnson Company. The dispute arose when the company adopted a new and less-favorable employee severance benefits plan between his lay-off and his termination. Petersen believed he was entitled to benefits under the old plan, while the company believed he was limited to the new-plan benefits, but only if he...

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