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CONNER v. PHOENIX STEEL CORPORATION

249 A.2d 866 (1969)

Frederick F. CONNER, Plaintiff Below, Appellant, v. PHOENIX STEEL CORPORATION, a corporation of the Commonwealth of Pennsylvania, Defendant Below, Appellee.

Supreme Court of Delaware.

Reargument Denied January 23, 1969.

Attorney(s) appearing for the Case

Daniel B. Ferry, Wilmington, for appellant.

Ernest S. Wilson, Jr., and William J. Alsentzer, Jr., of Wilson & Lynam, Wilmington, for appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

WOLCOTT, Chief Justice.

This is an appeal from an order of the Court of Chancery dismissing an amended complaint for failure to state a claim upon which relief may be granted. The amended complaint, filed by Frederick F. Conner, a former employee of Phoenix Steel Corporation, sought a declaration that Conner has a vested interest in the Phoenix pension plan; that Phoenix be required specifically to perform the plan as to Conner, and that Phoenix be compelled to pay...

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