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THOMAS v. MARSHALL

Civ. A. No. 78-359-H.

482 F.Supp. 160 (1979)

C. L. THOMAS, Plaintiff, v. John T. MARSHALL, C. Warren Stone and Pat T. McInnis, Trustees of Palmer & Baker Engineering Associates Retirement Plan, jointly and severally, Defendants.

United States District Court, S. D. Alabama, S. D.

As Amended December 28, 1979.

Attorney(s) appearing for the Case

B. Pratt Gasque, Jr., Mobile, Ala., for plaintiff.

James E. Moore, William B. Harvey, and James Donald Hughes, Mobile, Ala., for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HAND, District Judge.

This case involves a claim for pension benefits beyond those which the trustees have tendered to the plaintiff. The trustees, in the answer, deny that any amount is owing except that which has been tendered to the plaintiff and ask for a declaratory judgment to that effect. After taking evidence during a short, non-jury trial, after hearing argument from counsel, after considering their briefs...

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