FERNEKES v. CMP IND.


13 N.Y.2d 217 (1963)

Roland J. Fernekes et al., Respondents, v. CMP Industries, Inc., et al., Appellants.

Court of Appeals of the State of New York.

Decided November 21, 1963.


Attorney(s) appearing for the Case

John J. Clyne and J. Vanderbilt Straub for appellants.

Charles E. Nichols for respondents.

Judges DYE, BURKE and SCILEPPI concur with Judge FOSTER; Judge VAN VOORHIS dissents in an opinion in which Chief Judge DESMOND and Judge FULD concur.


FOSTER, J.

This is an appeal by permission of the Appellate Division, Third Department, from a final judgment in an equity action in favor of the plaintiffs. The action was commenced for the adjudication of plaintiffs' rights under a "Salaried Employees' Retirement and Profit Sharing Program of Consolidated Metal Products Corporation" (hereafter called Plan). The name of the corporation was subsequently changed...

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