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FIELDS v. WESTERN EQUIPMENT CO. OF EUGENE

469 P.2d 779 (1970)

Robert G. FIELDS, Scottie L. Scallion and Carlton L. Hull, Respondents, v. WESTERN EQUIPMENT CO. OF EUGENE, a Corporation, M.W. McCann, D.C. Jones, Rex Stevens and Robert R. Butz, Appellants.

Supreme Court of Oregon. In Banc.

Decided May 28, 1970.

Attorney(s) appearing for the Case

Paul D. Clayton, Eugene, argued the cause for appellants. With him on the briefs were Luvaas, Cobb, Richards & Fraser, Eugene.

William Frye, Eugene, argued the cause for respondents. With him on the brief were Husband, Johnson & Frye, Eugene.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, DENECKE, HOLMAN and TONGUE, JJ.

O'CONNELL, Justice.

This is a suit for declaratory judgment brought by the former employees of defendant Western Equipment Co. to establish their rights under a profit sharing plan. The case was tried before the court without a jury. Defendants appeal from a judgment in favor of plaintiffs.

Defendant Western Equipment Co. had maintained the profit sharing plan in question for the benefit of its employees since 1959. The plan may be described generally as follows...

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