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SHARKEY v. ULTRAMAR ENERGY LTD.

No. 93 Civ. 1469 (VLB).

867 F.Supp. 258 (1994)

Daniel J. SHARKEY, Plaintiff, v. ULTRAMAR ENERGY LIMITED, Lasmo PLC, and Lasmo (Aul Ltd.), formerly known as American Ultramar Limited and Pension Committee of the Ultramar U.S. Employees Retirement Plan, Defendants.

United States District Court, S.D. New York.

November 15, 1994.

Attorney(s) appearing for the Case

Thomas R. Beirne, Cuddy & Feder, White Plains, NY, for plaintiff.

Ralph Dawson, Fulbright & Jaworski, New York City, for defendants.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

Plaintiff Daniel J. Sharkey seeks to have pension and severance payments from the defendant former employer calculated on the basis that his employment was continuous from an original hire in December 1971 to July 31, 1992. The controversy arises from the fact that Sharkey retired on June 1, 1988 and functioned as a consultant rather than an employee until re-employed on July 1, 1991.

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