KERN v. SITEL CORP.

No. 07-50290.

517 F.3d 306 (2008)

Greg KERN, Plaintiff-Appellant, v. SITEL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 11, 2008.


Attorney(s) appearing for the Case

Scott Forrest DeShzo (argued), Timothy John Herman, Herman, Howry & Breen, Austin, TX, for Kern.

Charles L. Kuper (argued), Berens & Tate, Omaha, NE, for SITEL Corp.

Before GARWOOD, GARZA and BENAVIDES, Circuit Judges.


BENAVIDES, Circuit Judge:

Appellant Greg Kern appeals the district court's denial of his motion for summary judgment and the grant of summary judgment for Appellee SITEL Corporation ("SITEL"), in which the district court found the 2003 Sales Compensation Plan ("the Plan") ambiguous end, therefore, subject to SITEL's final interpretive authority. Although we agree with Kern that the Plan is unambiguous, we find that, under...

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