Court of Appeals for the Seventh Circuit April 9, 1992, 90-3384, 91-2308 (Jerry Castleman v. Acme Boot Company)

CUMMINGS, Circuit Judge.

Plaintiff Jerry Castleman, a former sales representative for defendant Acme Boot Company (“Acme”), filed a four-count complaint against Acme after his employment was terminated on February 9, 1987. At that time he was 51 years old and eight months from becoming eligible for early retirement. Count I was based on the Employee Retirement Income Security Act (“ERISA”) (29 U.