COLUCCI v. AGFA CORP. SEVERANCE PAY PLAN

No. 05-1095.

431 F.3d 170 (2005)

Tom COLUCCI, Plaintiff-Appellee, v. AGFA CORPORATION SEVERANCE PAY PLAN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 28, 2005.


Attorney(s) appearing for the Case

Glenn Eric Butash, Pitney Hardin, L.L.P., Morristown, New Jersey, for Appellant. Robert Edward Hoskins, Foster Law Firm, L.L.P., Greenville, South Carolina, for Appellee.

Before NIEMEYER and SHEDD, Circuit Judges, and JAMES C. DEVER, III, United States District Judge for the Eastern District of North Carolina, sitting by designation.


Reversed and remanded with instructions by published opinion. Judge NIEMEYER wrote the opinion, in which Judge SHEDD and Judge DEVER joined.

OPINION

NIEMEYER, Circuit Judge.

The issue presented in this case is whether Agfa Corporation, the administrator of the Agfa Corporation Severance Pay Plan (the "Severance Plan" or "Plan"), abused its discretion in awarding severance benefits to Tom Colucci. Rejecting Colucci's claims that his severance benefits...

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