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

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, and planning and overseeing engineering projects. In November of 1990, Atwood was reassigned to a position as a senior engineer. His superior told him that this was a lateral transfer and not a demotion. His salary and grade level were unchanged. Then, in mid-April 1991, Atwood was again reassigned, this time to a position as line foreman of the newly created second shift at Newmont’s central shop. He supervised employees in this position, and was responsible for the operation of the shop during the shift. His salary and grade level were again unchanged.

On July 31,1991, Atwood left a resignation letter on…