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SIMON v. PFIZER INC.

No. 03-1192.

398 F.3d 765 (2005)

Joseph J. SIMON, Plaintiff-Appellee, v. PFIZER INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 18, 2005.

Attorney(s) appearing for the Case

ARGUED: James P. Flynn, Epstein Becker & Green, Newark, New Jersey, for Appellant. William G. Tishkoff, Ann Arbor, Michigan, for Appellee. ON BRIEF: James P. Flynn, Epstein Becker & Green, Newark, New Jersey, for Appellant. William G. Tishkoff, Ann Arbor, Michigan, for Appellee.

Before: SILER and ROGERS, Circuit Judges; FORESTER, Chief District Judge.

OPINION

FORESTER, Chief Judge.

The Defendant Pfizer, Inc. ("Pfizer") herein appeals the District Court's ruling on its motion to dismiss the claims of Plaintiff Joseph Simon ("Simon").

Pfizer argues that the District Court erred in failing to dismiss Simon's four-count complaint concerning allegedly improper refusal of, and interference with the attainment of, benefits under the Warner-Lambert Company Enhanced Severance Plan ("ESP") because the ESP...

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