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DAKOTA, MINNESOTA & EASTERN R.R. v. SCHIEFFER

No. 10-2484.

648 F.3d 935 (2011)

DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION, Plaintiff-Appellant, v. Kevin V. SCHIEFFER, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 11, 2011.

Attorney(s) appearing for the Case

Timothy Robert Thornton , argued, Kevin Martin Decker , Christianne Aimee Riopel Whiting , on the brief, Minneapolis, MN, for appellant.

Steven W. Sanford , argued, Michael A. Henderson , on the brief, Sioux Falls, SD, for appellee.

Before LOKEN, MELLOY, and SHEPHERD, Circuit Judges.

LOKEN, Circuit Judge.

Kevin Schieffer became President and CEO of the Dakota, Minnesota & Eastern Railroad ("DM & E") in 1996. In December 2004, anticipating a change of control, Schieffer and DM & E entered into an Employment Agreement to encourage his ongoing employment and to provide lucrative benefits should he be terminated without cause or resign for good reason, terms defined in the Agreement. In October 2008, with regulatory approval of a merger...

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