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LEVITT v. BILLY PENN CORP.

219 Pa.Super. 499 (1971)

Levitt, Appellant, v. Billy Penn Corporation.

Superior Court of Pennsylvania.

September 21, 1971.

Attorney(s) appearing for the Case

Bernard J. Smolens, with him Dennis R. Suplee, and Schnader, Harrison, Segal & Lewis, for appellant.

Milton S. Lazaroff, with him Martin Techner, and Techner, Rubin and Shapiro, for appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, SPAULDING and CERCONE, JJ. (HOFFMAN, J., absent.)

OPINION BY SPAULDING, J., September 21, 1971:

Appellant David Levitt appeals from an order of the Court of Common Pleas of Philadelphia, en banc, denying him funds which he claims to be due under the Profit Sharing and Retirement Plan of appellee, The Billy Penn Corporation.1 The order reversed a prior judgment in appellant's favor, after a trial without a jury before the late Judge Joseph D. BURKE.

Appellant was employed by appellee...

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