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FLAMMER v. PATTON

No. 68-308.

223 So.2d 750 (1969)

Russell B. FLAMMER, Appellant, v. Glenn E. PATTON, William E. Thompson, Robert A. Tucker, Benjamin P. Frye and Francis X. Crowley, As Trustees in Charge of the Employees' Pension and Death Benefit Plan of Beneficial Finance Company, Appellees.

District Court of Appeal of Florida. Second District.

June 11, 1969.

Attorney(s) appearing for the Case

J.A. McClain, Jr., of McClain & Turbiville, Tampa, for appellant.

Thomas C. MacDonald, Jr., of Shackleford, Farrior, Stallings & Evans, Tampa, for appellees.

McNULTY, Judge.

Plaintiff-appellant had been an employee of the Beneficial Finance Company or of one of its subsidiary small loan companies for more than thirty years. He retired in 1964 and commenced receiving benefits in the form of monthly checks pursuant to an employee Pension Plan of the Beneficial Finance Company. Section 2A(6) of that Plan provides as follows:

"Retirement Allowances shall cease with the payment for the month following that in which...

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