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031494P.pdf   04/29/2004  Daniel W. Petersen  v.  E.F. Johnson Co.
   U.S. Court of Appeals Case No:  03-1494
                          and No:  03-1495
   District of Minnesota   
   Civil Case - ERISA. Employer adopted new severance benefits plan 
   and conditioned entitlement to waiver of claim to old plan. Employee 
   who was laid off elected not to waive right to old benefits and brought 
   suit for breach of contract. District court properly construed claim as 
   governed by ERISA. District court erred in granting employee on 
   equitable grounds benefits under the new plan, as employer had the right 
   to condition receipt of new benefits on waiver of old benefits. Dissent by 
   Judge Heaney. [PUBLISHED] [Bye, Author]