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SIDES v. FEDERATED DEPARTMENT STORES, INC.

No. 29998 Summary Calendar.

434 F.2d 992 (1970)

James Elmore SIDES, Plaintiff-Appellant, v. FEDERATED DEPARTMENT STORES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 9, 1970.

Attorney(s) appearing for the Case

Herbert C. Martin, Amarillo, Tex., for appellant.

S. Tom Morris, Max R. Sherman, Gibson, Ochsner, Adkins, Harlan & Hankins, Amarillo, Tex., for appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

AINSWORTH, Circuit Judge:

Plaintiff Sides entered into the employ of defendant Federated Department Stores, Inc. (hereinafter Federated) in June of 1948. In 1953 he became a participant in a Retirement Income and Thrift Incentive Plan administered for the defendant by a trustee. Since that time both plaintiff and defendant have made contributions to the Plan on plaintiff's behalf, as provided by its terms. In July of 1968 the plaintiff, still a Federated employee...

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