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Gilbert v. Monsanto Co.

ADEA plaintiff was not entitled to award of back benefits where amended pension provided enhanced benefits compared to those plaintiff would have recived had plaintiff begun to receive pension at proper time.

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The full case caption appears at the end of this opinion.

William T. Gilbert, III appeals from the district court’s judgment on his actionto enforce his settlement agreement with Monsanto Company. Gilbert argues that thedistrict court improperly denied him attorney’s fees and back pension benefitsfollowing Monsanto’s breach of the settlement agreement. Monsanto cross-appeals,arguing that the district court lacked jurisdiction to enforce the settlement agreementand that, even assuming jurisdiction was proper, parol evidence of any prior agreementas to pension benefits should not have been considered by the district court. We affirmthe enforcement of the settlement agreement and denial of back pension benefits, butreverse the denial of attorney’s fees.

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