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102484P.pdf 08/11/2011 Dakota, MN & Eastern R.R. v. Kevin Schieffer
U.S. Court of Appeals Case No: 10-2484
U.S. District Court for the District of South Dakota - Sioux Falls
[PUBLISHED] [Loken, Author, with Melloy and Shepherd, Circuit Judges]
Civil case - ERISA. Considering ERISA's statutory language, purpose
and historical context, an individual contract providing severance benefits
to a single executive employee is not an ERISA employee welfare benefit
plan within the meaning of 29 U.S.C. Sec. 1002(1); the matter must be
remanded for further proceedings on the question of whether other
provisions of the agreement may relate the agreement to other employer
programs which are ERISA plans.