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DAVIS v. SIMPSON EMPL. RETIREMENT TRUST

No. 55020; CA A21788.

659 P.2d 990 (1983)

62 Or.App. 103

C. Dale DAVIS, Respondent, v. SIMPSON EMPLOYEES RETIREMENT TRUST, Appellant.

Court of Appeals of Oregon.

Decided March 2, 1983.

Reconsideration Denied April 14, 1983.

Attorney(s) appearing for the Case

Jack B. Schwartz, Portland, argued the cause for appellant. With him on the briefs was Newcomb, Sabin, Meyer & Schwartz, Portland.

Dean M. Quick, Albany, argued the cause for respondent. With him on the brief was Weatherford, Thompson, Brickey & Powers, P.C., Albany.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Plaintiff is a former salaried employe of Simpson Timber Co. (Simpson). Defendant is a retirement trust, the Simpson Employee Retirement Trust (SERT), established pursuant to a pension plan for salaried Simpson employes. In this declaratory judgment proceeding, plaintiff seeks additional years of credit for pension benefit accrual purposes beyond those credited him by the plan directors. The trial court found that, because the SERT plan was ambiguous...

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