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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.