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VAN PELT v. BEREFCO, INC.

Gen. No. 49,986.

60 Ill. App.2d 415 (1965)

208 N.E.2d 858

James S. Van Pelt, Plaintiff-Appellee, v. Berefco, Inc., an Illinois Corporation (Formerly Known as Berry Refining Company), Bird & Son, Inc., a Massachusetts Corporation, and the Merchants National Bank of Boston, a National Banking Association, Defendants-Appellants.

Appellate Court of Illinois — First District, First Division.

Rehearing denied July 12, 1965.

Attorney(s) appearing for the Case

George W. Windhorst, Jr., James B. Moran, and Barry E. Fink, of Chicago (Bell, Boyd, Lloyd, Haddad & Burns, of counsel), for appellants.

Claude A. Roth, Charles D. Stein, and Noel Kalpan, of Chicago (Gottlieb and Schwartz, of counsel), for appellee.

MR. JUSTICE KLUCZYNSKI delivered the opinion of the court.

An action for declaratory judgment was brought by James S. Van Pelt against Berefco, Inc. (formerly known as Berry Refining Company, an Illinois corporation, hereinafter called "old Berry"), Bird & Sons, Inc., and The Merchants National Bank of Boston (presently The New England Merchants National Bank of Boston), seeking a declaration that he was entitled to receive early retirement annuity benefits from...

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