MAGIN v. MONSANTO CO.

No. 04-2997.

420 F.3d 679 (2005)

Jon MAGIN, Plaintiff-Appellant, v. MONSANTO COMPANY, Pharmacia Corporation and CP Kelco, Incorporated, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 23, 2005.

Rehearing Denied October 11, 2005.


Attorney(s) appearing for the Case

Craig E. Anderson (argued), Jacobson, Brandvik & Anderson, Chicago, IL, for Plaintiff-Appellant.

Mark S. Bernstein, Barack, Ferrazzano, Kirschbaum, Perlman & Nagelberg, Abraham C. Reich, Fox, Rothschild, O'Brien & Frankel, Philadelphia, PA, Lawrence L. Summers (argued), Vedder, Price, Kaufman & Kammholz, Chicago, IL, for Defendants-Appellees.

Before BAUER, RIPPLE and KANNE, Circuit Judges.


RIPPLE, Circuit Judge.

Jon Magin filed this action against Monsanto Company, Pharmacia Corporation1 and CP Kelco, U.S., Inc. ("CP Kelco") to recover severance benefits that he claimed were owed to him. In his second amended complaint, Mr. Magin alleged violations of the Employee Retirement Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq., as well as state common law claims for breach of contract, promissory estoppel, promissory...

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