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CLAYTON v. CONOCOPHILLIPS CO.

No. 12-20102.

722 F.3d 279 (2013)

John D. CLAYTON, Plaintiff-Appellant, v. CONOCOPHILLIPS COMPANY; Wachovia Bank, National Association; James D. Mcmorran; The Amended And Restated Burlington Resources, Incorporated Employee Change In Control Severance Plan, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 3, 2013.

Attorney(s) appearing for the Case

Joseph Y. Ahmad , Jane Langdell Robinson (argued), Ahmad, Zavitsanos & Anaipakos, P.C., Houston, TX, for Plaintiff-Appellant.

Edward B. Adams, Jr. (argued), Warren S. Huang , Fulbright & Jaworski, L.L.P., Houston, TX, Laura Gibson (argued), Kevin R. Pennell , Ogden, Gibson, Broocks, Longoria & Hall, L.L.P. Houston, TX, for Defendants-Appellees.

Before STEWART, Chief Judge, and DAVIS and CLEMENT, Circuit Judges.

CARL E. STEWART, Chief Judge:

Plaintiff-Appellant, John D. Clayton brought suit against Defendants-Appellees, ConocoPhillips Co. ("Conoco"); Wachovia Bank, N.A. ("Wachovia" or the "Trustee"); James D. McMorran; and The Amended and Restated Burlington Resources, Inc. Employee Change in Control Severance Plan (the "Plan").1

On July 2, 2010, the district court granted summary judgment to Conoco, Wachovia, and McMorran. On January...

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