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FAUNCE v. AMERICAN CAN CO., INC.

407 A.2d 733 (1979)

Bernard G. FAUNCE v. AMERICAN CAN COMPANY, INC.

Supreme Judicial Court of Maine.

November 2, 1979.

Attorney(s) appearing for the Case

Nisbet, MacNichol & Ludwig, P.A. by Alexander MacNichol (orally), South Portland, for plaintiff.

Verrill & Dana by John W. Philbrick (orally), Portland, for defendant.

Before POMEROY, WERNICK, ARCHIBALD, GODFREY and NICHOLS, JJ.

WERNICK, Justice.

Defendant American Can Company, Inc., decided to close its Portland, Maine, plant toward the end of 1973. At that time each of the plaintiffs, Bernard G. Faunce and Evelyn Hale, was short by two months of being eligible to retire on pension under the contractually prescribed "80 test", so-called, a retirement eligibility criterion based on "accredited service" and a combination of age and "accredited service." Aware of plaintiffs' situation, defendant...

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