Legal Opinion

Richard Atwood v. Newmont Gold Co., Inc., a Delaware Corporation

Court of Appeals for the Ninth Circuit

Decided January 18, 1995No. 93-15811PublishedCited by 217 opinions

1Opinion of the Court

BEEZER, Circuit Judge:

Plaintiff Richard Atwood appeals from the district court’s grant of summary judgment in favor of defendant Newmont Gold Co. (“Newmont”) on Atwood’s Employment Retirement Income Security Act (“ERISA”) action alleging that he was wrongfully denied severance pay under the company’s employee benefit plan. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291. We affirm.

I

Atwood was first employed by Newmont as its central shop foreman in 1988. His duties included supervising four foremen and their crews, drafting budgets, interviewing and hiring employees,…

2Cases cited15 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Jeanette Jesinger v. Nevada Federal Credit Union, a Federally-Chartered Credit Union Robert W. FleischmanCourt of Appeals for the Ninth Circuit · 1994
  3. Fred Brown v. Blue Cross and Blue Shield of Alabama, Inc.Court of Appeals for the Eleventh Circuit · 1990
  4. Harry Jung, Individually and on Behalf of All Other Persons Similarly Situated v. Fmc Corporation, a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1985
  5. John Doe Firm Doe v. Group Hospitalization & Medical Services, D/B/A Blue Cross and Blue Shield of the National Capital AreaCourt of Appeals for the Fourth Circuit · 1993

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3Cited by217 opinions

  1. Marc Andrew Mario v. P & C Food Markets, Inc.Court of Appeals for the Second Circuit · 2002
  2. Abatie v. Alta Health & Life Ins. Co.Court of Appeals for the Ninth Circuit · 2006
  3. Rex T. KEARNEY, Jr., Plaintiff-Appellant, v. STANDARD INSURANCE COMPANY, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1999
  4. Vilma Lissette Vega Jose Vega v. National Life Insurance Services, Inc., Pan-American Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1999
  5. Maria H. Pinto v. Reliance Standard Life Insurance CompanyCourt of Appeals for the Third Circuit · 2000

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