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JENSEN v. INTERNATIONAL BUSINESS MACHINES

No. 05-1611.

454 F.3d 382 (2006)

Niels C. JENSEN, Plaintiff-Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 24, 2006.

Attorney(s) appearing for the Case

ARGUED: Michael Alan Dailey, Anderson Dailey, L.L.P., Atlanta, Georgia, for Appellant. Janine Cone Metcalf, Jones Day, Atlanta, Georgia, for Appellee. ON BRIEF: Mark Ford, Anderson Dailey, L.L.P., Atlanta, Georgia; Tameka M. Collier, Troutman Sanders, L.L.P., McLean, Virginia, for Appellant. Jordana R. Sternberg, Jones Day, Atlanta, Georgia; Gregory A. Castanias, Jones Day, Washington, D.C., for Appellee.

Before WILKINSON, NIEMEYER, and KING, Circuit Judges.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILKINSON and Judge KING joined.

OPINION

NIEMEYER, Circuit Judge:

Niels Jensen, a successful software salesman for IBM Corporation, commenced this breach of contract action against IBM for $2.1 million in additional commissions that Jensen claims he earned in 2001 under IBM's Software Sales Incentive Plan. The district court concluded that the plan did not create an enforceable...

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