Awbrey v. Pennzoil Co.

961 F.2d 928, 1992 WL 69070
CourtCourt of Appeals for the Tenth Circuit
DecidedApril 7, 1992
DocketNo. 90-2287
StatusPublished
Cited by29 cases

This text of 961 F.2d 928 (Awbrey v. Pennzoil Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Awbrey v. Pennzoil Co., 961 F.2d 928, 1992 WL 69070 (10th Cir. 1992).

Opinion

CAUTHRON, District Judge.

Plaintiffs, all former salaried employees of defendant Duval Corporation, a wholly-owned subsidiary of defendant Pennzoil Corporation, appeal the district court’s order granting summary judgment to defen[929]*929dants. Plaintiffs brought this action under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461, alleging they were entitled to certain benefits from defendants under defendants’ benefit plans. They sought severance pay and certain retirement-related benefits such as medical and life insurance, social security supplement, and automatic spousal benefit. We affirm the district court’s grant of summary judgment to defendants.

I.

The relevant facts are not in dispute. Defendant Pennzoil Corporation, through its subsidiary, Duval Corporation, operated a potash mine in New Mexico at which plaintiffs were employed. Defendants sold the mine as an ongoing concern to Western Ag Mineral Corporation on November 15, 1985. Western Ag continued plaintiffs’ employment without interruption. The transfer of ownership took place at midnight, November 14, 1985, so that plaintiffs ended their employment with defendants on November 14, 1985, and became employees of Western Ag at 12:01 a.m. on November 15, 1985. None of the plaintiffs lost any work time.

Pennzoil’s corporate policy manual con-' tained a severance pay plan providing in part:

PURPOSE: To state clearly the policy for severance payments when permanent jobs in the Company are eliminated.
POLICY: The Severance Pay Plan will provide one week’s pay for each completed year of service under the following conditions:
1. A permanent job has been eliminated.
2. The employee has at least one full year of service or more.
3. The employee has not:
a. Been offered a comparable job.
b. Been terminated for unsatisfactory performance.
c. Been terminated for proven dishonesty or conduct prejudicial to the best interest of the Company.
d. Terminated voluntarily.
e. Been terminated due to the completion of a temporary job assignment.

Plaintiffs’ App. at 32.

Plaintiffs argue that because their employment with the defendants was terminated on November 14, 1985, they are entitled to the above-described severance benefit. Defendants argued to the district court that plaintiffs are not entitled to severance pay because (1) no permanent jobs were eliminated, and (2) all employees were offered comparable jobs.

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Bluebook (online)
961 F.2d 928, 1992 WL 69070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/awbrey-v-pennzoil-co-ca10-1992.