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BRINZO v. PHOENIX STEEL CORPORATION

304 A.2d 66 (1973)

Cyril BRINZO, Plaintiff, v. PHOENIX STEEL CORPORATION, a Delaware corporation, et al., Defendants.

Court of Chancery of Delaware, New Castle.

March 21, 1973.

Attorney(s) appearing for the Case

William H. Bennethum, and James P. D'Angelo, Wilmington, for plaintiff.

William E. Wiggin, Richards, Layton & Finger, Wilmington, and Hayward H. Coburn, Drinker, Biddle & Reath, Philadelphia, Pa., for defendants.

SHORT, Vice Chancellor:

In this action, plaintiff Cyril Brinzo seeks to establish his right to a disability pension under a pension plan agreement between the United Steel Workers of America and defendant Phoenix Steel Corporation as administered by the individual defendants constituting the Pension Board duly appointed under the terms of the agreement. Plaintiff and defendants have filed cross motions for summary judgment. This is the decision on those motions.<...

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