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LEWITTON v. ITA SOFTWARE, INC.

No. 08-3725.

585 F.3d 377 (2009)

Derek LEWITTON, Plaintiff-Appellee, v. ITA SOFTWARE, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 28, 2009.

Attorney(s) appearing for the Case

Donald J. Mizerk, Attorney (argued), Welsh & Katz, Chicago, IL, for Plaintiff-Appellee.

Brian A. Davis, Attorney (argued), Mitch Kaplan, Choate, Hall & Stewart, Boston, MA, Max A. Stein, Attorney, Reed Smith LLP, Chicago, IL, for Defendant-Appellant.

Before BAUER, KANNE, and EVANS, Circuit Judges.

EVANS, Circuit Judge.

Three months after Derek Lewitton stopped working for ITA Software, Inc. he attempted to exercise options to purchase 138,900 shares of ITA stock. According to Lewitton, those shares vested pursuant to his employment contract during his 25-month tenure with ITA. When ITA refused to allow Lewitton to purchase more than 34,722 shares, Lewitton filed this suit in Illinois state court claiming that ITA breached the employment contract. ITA removed...

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