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DAVIS v. CHAUFFEURS, TEAMSTERS & HELPERS LOCAL 391

No. 7221DC181.

189 S.E.2d 742 (1972)

Otha W. DAVIS v. CHAUFFEURS, TEAMSTERS & HELPERS LOCAL 391, Affiliated With International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America.

Court of Appeals of North Carolina.

July 12, 1972.

Attorney(s) appearing for the Case

W. Warren Sparrow, Winston-Salem, for plaintiff appellee.

Drum, Liner & Redden by Renn Drum, Winston-Salem, for defendant appellant.

VAUGHN, Judge.

Defendant's single assignment of error is that there was insufficient evidence to support the trial court's finding of fact that, at the time of plaintiff's retirement, there were 4500 union members participating in the voluntary retirement fund. The judgment entered is based largely on the judge's finding of fact number four, which reads:

"There were 4,500 participants at the time of plaintiff's retirement thereby entitling

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