ORTEGA v. KIMBELL FOODS, INC.

Nos. 71-1710, 71-1711.

462 F.2d 421 (1972)

Benjamin ORTEGA, Appellee, v. KIMBELL FOODS, INC., Appellant. KIMBELL FOODS, INC., Appellee, v. Benjamin ORTEGA, Appellant.

United States Court of Appeals, Tenth Circuit.

June 29, 1972.


Attorney(s) appearing for the Case

William W. Gilbert, Santa Fe, N. M., for appellant, Ortega.

Alfonso G. Sanchez, Santa Fe, N. M., for appellee, Kimbell Foods Inc.

Before LEWIS, Chief Judge, and KILKENNY and DOYLE, Circuit Judges.


PER CURIAM.

Kimbell Foods, Inc. [Kimbell] appeals from a judgment entered in an action for breach of an alleged contract to provide appellee with benefits upon retirement when he reached the age of 65. Sitting without a jury, the trial judge granted appellee a judgment in the form of $325.00 per month so long as he lived, retroactive to his 65th birthday, together with interest on accrued payments and costs. In his appeal, Ortega claims that he is entitled to $500...

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