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TYLER v. NEW YORK TELEPHONE COMPANY

192 F.Supp. 52 (1961)

Francis Edwin TYLER, Herbert E. Stutchbury, Loren W. Van Derlyn, Edward G. Beald, John C. Christopher and Richard Cane, Plaintiffs, v. NEW YORK TELEPHONE COMPANY, American Telephone and Telegraph Company and Bankers Trust Company of New York, Defendants.

United States District Court S. D. New York.

March 9, 1961.

Attorney(s) appearing for the Case

Mayer, Weiner & Mayer, New York City, for plaintiffs. Abraham Weiner, New York City, of counsel.

Davis, Polk, Wardwell, Sunderland & Kiendl, New York City, for defendants New York Tel. Co. and American Tel. & Tel. Co. Ralph M. Carson, New York City, of counsel.

White & Case, New York City, for defendant Bankers Trust Co. of New York. Halburton Fales, II, New York City, of counsel.

IRVING R. KAUFMAN, District Judge.

I. Nature of the Case

Plaintiffs are all retired employees1 of the defendant New York Telephone Company. Their claim involves the construction of a non-contributory pension plan instituted by the company in 1913 for the benefit of its employees.2 This plan provides for pension payments to be made to employees who retire upon reaching a certain age and after being...

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