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MATTER OF KUMM v. ALLEN

36 Misc.2d 816 (1962)

In the Matter of William Kumm, Petitioner, v. Roderick Allen et al., as Trustees of the Profit Sharing and Retirement Plan for Employees of Simon Oil Company, Inc., Respondents.

Supreme Court, Niagara County.

November 12, 1962

Attorney(s) appearing for the Case

Ralph A. Boniello and Ronald D. Anton for petitioner. Cohen, Swados, Wright, Hanifan & Bradford (Hilary Bradford of counsel), for respondent.

MICHAEL CATALANO, J.

Petitioner moves for an order directing respondents to pay him the principal and interest due him under the profit-sharing and retirement plan for employees of Simon Oil Company, Inc.

The petition alleges that from July 1, 1955 to May 1, 1961, petitioner was employed by the Simon Oil Company, Inc. (herein called "Simon"), as a service repairman; that on December 27, 1955 Simon adopted a profit-sharing and retirement plan for...

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