Delaye
Delaye v. Agripac, Inc.
Opinion
Lead Opinion
Thompson, J.
Agripac, Inc. appeals the district court’s judgment in favor of Dennis Delaye in his action brought under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461 (1985 & Supp.1993). Delaye alleges Agripac violated ERISA by denying him severance benefits when he was fired. Delaye cross-appeals from the district court’s denial of his request for attorney fees.
Delaye predicates federal court jurisdiction on his contention that the ERISA claim presents a federal question. 28 U.S.C. § 1331 ; 29 U.S.C. § 1132 (e)(1). Because we conclude no ERISA plan existed, the district court lacked subject matter jurisdiction. Accordingly, we dismiss the appeal and cross-appeal, and remand to the district court with instructions to vacate its judgment and dismiss the action.
FACTS
Delaye was Agripac’s president and chief executive officer. In 1990, he and Agripac entered into a written “Employment Contract.” Section 6 of the contract governs termination of employment. Paragraph 6.2.1 provides that if Agripac terminates Delaye for cause, he will receive only his base yearly compensation ($160,000), prorated to the date of termination. Paragraph 6.2.2 provides that if Agripac…