No. 63, Docket 78-7223.

587 F.2d 121 (1978)

J. Warren GRATIAN, Plaintiff-Appellant, v. GENERAL DYNAMICS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 15, 1978.

Attorney(s) appearing for the Case

Branch, Turner & Wise, Rochester, N. Y. (Charles S. Turner, Rochester, N. Y., of counsel), for plaintiff-appellant.

Nixon, Hargrave, Devans & Doyle, Rochester, N. Y. (William D. Eggers, Rochester, N. Y., of counsel), for defendant-appellee.

Before WATERMAN and MULLIGAN, Circuit Judges, and WYATT, District Judge.


This appeal is from a judgment for defendant directed in a jury trial at the close of the evidence offered by plaintiff. We affirm the judgment for defendant.

Plaintiff Gratian was employed at Rochester for 25 years by defendant General Dynamics, Inc. (Dynamics) and its predecessor. He was a member of the Retirement Plan of Dynamics (the Plan).

At the end of 1970 the Dynamics plant at Rochester was closed. Gratian decided not to continue...

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