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DUVAL CORPORATION v. EMPLOYMENT SECURITY COM'N

No. 9321.

493 P.2d 413 (1972)

83 N.M. 447

DUVAL CORPORATION, Appellee, v. EMPLOYMENT SECURITY COMMISSION of New Mexico, Appellant.

Supreme Court of New Mexico.

January 28, 1972.

Attorney(s) appearing for the Case

Richard Baumgartner, Albuquerque, for appellant.

Hinkle, Bondurant, Cox & Eaton, Paul Kelly, Jr., Roswell, for appellee.

OPINION

McMANUS, Justice.

Appellee, Duval Corporation, hereinafter called the Company, hired the claimant, Thurman Dewie Pruit, on December 10, 1951. Claimant, at that time, joined the Company's optional retirement plan. He was aware of the fact that the plan made retirement mandatory at age sixty-five. The union joined with the Company in urging that the employees join the plan but the plan was not pursuant to a union agreement and testimony taken from...

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