LAVEY v. EDWARDS


505 P.2d 342 (1973)

Robert E. LAVEY, Respondent, v. Thomas W. EDWARDS et al., Appellants. J.H. Moore, Respondent, v. THOMAS W. EDWARDS ET AL., Appellants. Lloyd E. Brown, Respondent, v. Thomas W. EDWARDS et al., Appellants.

Supreme Court of Oregon.

Decided January 25, 1973.


Attorney(s) appearing for the Case

Charles F. Hinkle, Portland, argued the cause for appellants. With him on the briefs were Phillip D. Chadsey, and Davies, Biggs, Strayer, Stoel & Boley, Portland.

William E. Tassock, Portland, argued the cause for respondents. With him on the brief were Barzee, Leedy & Tassock, Portland.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.


TONGUE, Justice.

In these three cases plaintiffs seek to recover contributions made by their employer, Industrial Lumber Co., into a "Profit-Sharing Retirement Plan for Salaried Employees * * *." As affirmative defenses to these claims defendants, the trustees under that plan, allege that one of the provisions of that plan was that if an employee who participated in it "accepted employment with a competitor of the Employer, or established his own competing business...

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