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VASTOLER v. AMERICAN CAN CO.

No. 82-5273.

700 F.2d 916 (1983)

VASTOLER, Soloman A., Appellant, v. AMERICAN CAN COMPANY, a corporation and the Annuity Board of the American Can Company Retirement Plan for Salaried Employees, Appellees.

United States Court of Appeals, Third Circuit.

Decided February 23, 1983.

Attorney(s) appearing for the Case

David B. Avigdor (argued), Lampf, Lipkind, Prupis & Petigrow, West Orange, N.J., for appellant.

Warren J. Casey (argued), Pitney, Hardin, Kipp & Szuch, Morristown, N.J., for appellees.

Before GIBBONS, HIGGINBOTHAM and BECKER, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Appellant brought this action claiming that he was entitled to greater pension benefits than he was receiving from appellee's pension plan for employees. The issue in this underlying action is the proper period of service on which appellant's pension benefits were to be calculated. The district court granted appellee's motion for summary judgment, but because we find a genuine dispute as to material...

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