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EMPLOYEES' BENEFIT ASS'N v. GRISSETT

1961766.

732 So.2d 968 (1998)

EMPLOYEES' BENEFIT ASSOCIATION v. Richard D. GRISSETT.

Supreme Court of Alabama.

September 11, 1998.

Attorney(s) appearing for the Case

Janie Salmon Gilliland of Memory & Gilliland, L.L.C., Montgomery, for appellant.

Sam E. Loftin of Loftin, Herndon, Loftin & Miller, Phenix City, for appellee.

LYONS, Justice.

The defendant, Employees' Benefit Association ("EBA"), appeals from a judgment entered in favor of the plaintiff, Richard D. Grissett. We affirm conditionally.

Grissett is a truck driver who has been employed for 18 years by Consolidated Freightways, Inc. EBA is a corporation that was formed in 1942 to provide certain benefits for the employees of Consolidated Freightways, Freightliner, Inc., and their

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