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PENDLETON v. QUIKTRIP CORP.

Nos. 08-2363, 08-2434.

567 F.3d 988 (2009)

Brian PENDLETON, Plaintiff-Appellant/Cross-Appellee, v. QUIKTRIP CORPORATION, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 8, 2009.

Attorney(s) appearing for the Case

Francis E. Pennington, III, argued, Francis Pennington, III and Laura A. Shea, on the brief, St. Louis, MO, for appellant.

Richard Joseph Pautler and Jason S. Lifschultz, on the brief, St. Louis, MO, for appellee.

Before MURPHY, HANSEN, and BYE, Circuit Judges.

MURPHY, Circuit Judge.

Brian Pendleton brought this action against QuikTrip pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), alleging that QuikTrip had terminated his employment to prevent him from receiving benefits under the company's severance and stock plans. QuikTrip moved for summary judgment, and the district court granted the motion after concluding that Pendleton was not entitled to any benefits under the plans. The district court...

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