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GALLO v. HOWARD STORES CORPORATION

No. 12239.

250 F.2d 37 (1957)

Benjamin M. GALLO, Appellant, v. HOWARD STORES CORPORATION.

United States Court of Appeals Third Circuit.

Decided December 3, 1957.

Rehearing Denied December 19, 1957.

Attorney(s) appearing for the Case

Paul M. Goldstein, Philadelphia, Pa., (Herman Moskowitz and Stark & Goldstein, Philadelphia, Pa., on the brief), for appellant.

Daniel Mungall, Jr., Philadelphia, Pa. (Stradley, Ronon, Stevens & Young, Philadelphia, Pa., on the brief), for appellee.

Before MARIS, KALODNER and STALEY, Circuit Judges.

PER CURIAM.

This is an appeal by the plaintiff from a judgment n. o. v. entered by the District Court for the Eastern District of Pennsylvania in favor of the defendant in a suit which the plaintiff had brought against the defendant, his former employer, to enforce asserted rights to a pension under an employee's pension plan in which he was a participant. The facts are fully stated in the opinion filed by Chief Judge Kirkpatrick of the District Court,

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