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HABETS v. WASTE MANAGEMENT, INC.

No. 03-20370.

363 F.3d 378 (2004)

Harry HABETS, an individual, Plaintiff-Appellant, v. WASTE MANAGEMENT, INC., a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 12, 2004.

Attorney(s) appearing for the Case

Kevin N. Markow (argued), Becker & Poliakoff, Fort Lauderdale, FL, for Plaintiff-Appellant.

Fraser Angus McAlpine (argued), Akin, Gump, Strauss, Hauer & Feld, Houston, TX, for Defendant-Appellee.

Before EMILIO M. GARZA, DeMOSS and CLEMENT, Circuit Judges.

DeMOSS, Circuit Judge:

Plaintiff-Appellant Harry Habets ("Habets") seeks reversal of the district court's decision adopting the magistrate judge's recommendation and granting summary judgment to Defendant-Appellee Waste Management, Inc. ("WMI"). The district court concluded that Habets had no right to participate in WMI's Key Executive Severance Plan (the "KESP") once WMI's Board of Directors (the "Board") amended the list of KESP participants to remove Habets. On...

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