Marshall v. E.I. Dupont De Nemours And Co., 1999 U.S. App. LEXIS 25544 (6^th Cir. October 8, 1999)(unpublished) -Four former employees sued E.I. DuPont, claiming that they were wrongfully deprived of certain enhanced retirement benefits under a plan which was implemented shortly after their retirement. The plaintiffs alleged a breach of fiduciary duty and discrimination under ERISA and on a theory of equitable estoppel. The district court found that there was no genuine issue of material fact about whether DuPont was "seriously considering" implementation of the new plan. Without further discussion, this court commended the district court’s thorough reasoning and affirmed judgment for the defendants.