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DAKOTA, MINNESOTA & EASTERN R.R. v. SCHIEFFER

No. 12-1807.

711 F.3d 878 (2013)

DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION, a Delaware corporation, Plaintiff-Appellant v. Kevin V. SCHIEFFER, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 28, 2013.

Attorney(s) appearing for the Case

Timothy Robert Thornton , argued, Kevin Martin Decker , on the brief, Minneapolis, MN, for appellant.

Steven W. Sanford , argued, Sioux Falls, SD, for appellee.

Before LOKEN, MELLOY, and COLLOTON, Circuit Judges.

LOKEN, Circuit Judge.

In December 2004, the Dakota, Minnesota & Eastern Railroad ("DM & E") and its President and CEO, Kevin Schieffer, entered into an Employment Agreement to encourage his retention following an anticipated change of control. In October 2008, with a merger imminent, DM & E terminated Schieffer without cause, triggering the Employment Agreement's severance provisions. When disputes arose over the amounts owed, Schieffer filed a demand...

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