NEMSER v. AVIATION CORPORATION

Civil Action No. 253.

47 F.Supp. 515 (1942)

NEMSER v. AVIATION CORPORATION.

District Court, D. Delaware.

October 6, 1942.


Attorney(s) appearing for the Case

Ivan Culbertson, of Wilmington, Del., and Edmund J. Fixman, of New York City, for plaintiff.

William S. Potter and William Poole (Southerland, Berl & Potter), all of Wilmington, Del., and H. Preston Coursen, of New York City, for defendant.


LEAHY, District Judge.

Plaintiff seeks to enjoin defendant from putting into effect two plans for compensation of employees. Defendant has moved to dismiss the complaint.

After the filing of the complaint, the stockholders of defendant corporation met and approved both plans, but the Board of Directors has abandoned the so-called Extra Compensation Annuity Plan. We are interested solely, therefore, in the question of the validity of the Contributory Pension...

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