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CAPOCCI v. GENERAL MOTORS CORP.

Civ. No. 76-0419.

444 F.Supp. 1306 (1978)

Patsy CAPOCCI and Edith M. Capocci, Plaintiffs, v. GENERAL MOTORS CORPORATION, Individually and as trustee under the General Motors Hourly Rated Pension Plan, and General Motors Hourly Rated Pension Plan, Defendants.

United States District Court, D. Hawaii.

February 9, 1978.

Attorney(s) appearing for the Case

Robert A. Smith, Maciszewski & Smith, Honolulu, Hawaii, for plaintiffs.

Robert S. Katz, Torkildson, Katz, Jossem & Loden, Honolulu, Hawaii, for defendants.

DECISION ON CROSS MOTIONS FOR SUMMARY JUDGMENT

SAMUEL P. KING, Chief Judge.

After thirty-six years of employment with General Motors Corporation (GM), Patsy Capocci retired on August 1, 1972, at the age of fifty-eight years and nine months. He moved to Hawaii with his wife, Edith, and, in January 1973, obtained employment as a baggage inspector at the Kauai airport. Contrary to his union negotiated pension plan, Mr. Capocci earned more than the social security...

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