TEICH v. NATIONAL CASTINGS COMPANY

Civ. A. No. 36214.

201 F.Supp. 451 (1962)

George R. TEICH, individually and as a stockholder of National Malleable and Steel Castings Company, suing on behalf of himself and all other stockholders of National Malleable and Steel Castings Company, similarly situated, and in the right of the National Malleable and Steel Castings Company, Plaintiff, v. NATIONAL CASTINGS COMPANY, a corporation, Defendant, and National City Bank of Cleveland, as Trustee of The National Castings Company Retirement Trust, New Party Defendant, and Cleve H. Pomeroy, Defendant.

United States District Court N. D. Ohio, E. D.

January 17, 1962.


Attorney(s) appearing for the Case

Murray Lichtenberg, New York City, and Craig Spangenberg, Spangenberg, Hasenflue & Shibley, Cleveland, Ohio, for plaintiff.

Victor DeMarco, Frank C. Heath, George H. Rudolph, Thomas Mulligan, Jones, Day, Cockley & Reavis, Cleveland, Ohio, for defendant National Malleable & Steel Co. and Cleve R. Pomeroy.

Daniel W. Loeser, Hahn, Loeser, Keough, Freedheim & Dean, Cleveland, Ohio, for defendant National City Bank of Cleveland.


CONNELL, Chief Judge.

The Statement of Facts, as found on Pages 1 and part of 2 in the Defense Brief, is so well put, and so eminently fair from the viewpoint of both sides, that I will adopt it as a preliminary statement to what I will here find. It reads as follows, and we quote it:

"In 1949 defendant, National Castings Company adopted a general pension plan for salaried employees. The plan, which specifically provided that it could be later amended by the...

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