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FLAMMER v. PATTON

No. 38827.

245 So.2d 854 (1971)

Russell B. FLAMMER, Petitioner, 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 Co., Respondents.

Supreme Court of Florida.

March 17, 1971.

Attorney(s) appearing for the Case

J.A. McClain, Jr., of McClain, Turbiville & Heller, Tampa, for petitioner.

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

CARLTON, Justice:

We now consider whether respondents, as trustees of a loan corporation's pension fund, have the power to withhold petitioner's pension payments so long as he is employed by the loan department of a national bank. In a declaratory judgment proceeding initiated by petitioner, Circuit Court, Hillsborough County, ruled that the trustees were properly exercising powers reserved to them under a provision in the loan corporation's pension plan. The provision...

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