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NOLAN v. OTIS ELEVATOR CO.

197 N.J. Super. 468 (1984)

485 A.2d 312

FRED S. NOLAN, RALPH R. BATTISTA, CHARLES W. CLEARY, JOSEPH A. DAVIS, WILLIAM J. DAVITT, JR., ANTHONY G. GOMES, JAMES HALLECK, DONALD C. HALLIWELL, PHYLLIS J. GORLEY KERKAWICH, JOSEPH M. KARKOSKY, JR., CHARLES KERR, PATRICK J. LARGEY, JR., ARMOND MACHADO, EDWARD M. MCBRIDE, THOMAS P. NUGENT, PETER J. REILLY, HERMAN J. RUSSOMANNO, EUGENE A. SCANNEPICO, RAYMOND J. SMITH, JOHN T. STARR, HAROLD C. STOLL, LOUIS C. TREMBLE, JAMES VAN BRAMER, WALTER WARD AND DANIEL M. WATSON, PLAINTIFFS-APPELLANTS, v. OTIS ELEVATOR COMPANY, A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLEE.

Superior Court of New Jersey, Appellate Division.

Decided November 29, 1984.

Attorney(s) appearing for the Case

William S. Greenberg argued the cause for appellants (Greenberg, Kelley & Prior, attorneys; William S. Greenberg of counsel and on the brief and James F. Schwerin on the brief).

John D. Horan and Peter F. Healey argued the cause for respondent Otis Elevator Company (Goodman, Stoldt, Breslin & Horan, attorneys; John D. Horan and Peter F. Healey on the brief).

Corinne L. McGovern, Deputy Attorney General, argued the cause for intervenor New Jersey Division of Civil Rights (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel and Corinne L. McGovern on the brief).

Before Judges ANTELL, J.H. COLEMAN and SIMPSON.

The opinion of the court was delivered by, ANTELL, P.J.A.D.

On December 31, 1980 defendant closed its Harrison plant, resulting in a significant reduction in its work force. A plan was formulated, known as The Harrison Special Supplemental Retirement Plan, under which managerial employees with a minimum of 25 years of service who were over 55 years of age could elect early retirement with substantial supplemental benefits...

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