Gus Joanou James Beeler v. The Coca-Cola Company Does I Through Xxv, Andy L. Fisher v. The Coca-Cola Company

Good Law
26 F.3d 96·94 Daily Journal DAR 7736·1994 WL 241413·18 Employee Benefits Cas. (BNA) 1859·1994 U.S. App. LEXIS 13414
United States Court of Appeals for the Ninth CircuitJune 7, 199492-55866, 92-55910California1,469 words

Opinion

Opinion

Hall, J.

Opinion by Judge HALL.

In this appeal, plaintiffs raise a number of claims arising from their loss of employment and benefits when Coca-Cola sold a portion of its operations. The district court had jurisdiction pursuant to 28 U.S.C. §§ 1441 (a) and 1332.- This Court has jurisdiction under 28 U.S.C. § 1291 . We affirm.

I

On January 31, 1989, The Foods Division of The Coca-Cola Company (Coca-Cola) sold its “coffee business” to Maryland Club Foods, Inc. (MCF). At that time, Gus Joan-ou, James Beeler and Andy L. Fisher (plaintiffs) were Coca-Cola employees who worked in the coffee business. After the sale, Coca-Cola leased plaintiffs’ services to MCF for sixty days. At the end of the sixty days, on March 31, 1989, Coca-Cola terminated their employment. On April 1, plaintiffs commenced employment with MCF in positions substantially similar to those they had held while employed by Coca-Cola.

From May 14,1982, -until its revision on or about January 1, 1989, Coca-Cola’s severance pay policy as stated in its Management Policy Guide (MPG) provided severance benefits for all regular employees not members of a collective bargaining unit except in the following situations:

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