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SOULE v. RETIREMENT INCOME PLAN

No. C-C-88-454-P.

723 F.Supp. 1138 (1989)

Wesley G. SOULE, Plaintiff, v. RETIREMENT INCOME PLAN FOR SALARIED EMPLOYEES OF REXHAM CORPORATION and Rexham Corporation, Defendants.

United States District Court, W.D. North Carolina, Charlotte Division.

July 25, 1989.

Attorney(s) appearing for the Case

A. Ward McKeithen and David C. Wright, III, Robinson Bradshaw & Hinson, P.A., Charlotte, N.C., for plaintiff.

George V. Hanna, III and Hayden J. Silver, III, Moore & Van Allen, Charlotte, N.C., for defendants.

MEMORANDUM OF DECISION

ROBERT D. POTTER, Chief Judge.

This was an action by Plaintiff alleging that the failure to include sums received by Plaintiff from stock options in calculating Plaintiff's retirement benefits was an abuse of discretion and contrary to the provisions of the Retirement Income Plan for Salaried Employees of Rexham Corporation (the "Plan"). Whether tested by the de novo standard or "the abuse of discretion standard," the Court...

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