ESSEX GROUP, INC. v. NILL

No. 3-383A92.

462 N.E.2d 1334 (1984)

ESSEX GROUP, INC., Plaintiff-Appellant, v. Richard G. NILL, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied August 21, 1984.


Attorney(s) appearing for the Case

Alan Ver Planck, Barrett, Barrett & McNagny, Fort Wayne, for plaintiff-appellant.

Edward L. Murphy, Jr., Grant F. Shipley, Livingston, Dildine, Haynie & Yoder, Fort Wayne, for defendant-appellee.


GARRARD, Judge.

In 1961 Richard Nill (Nill), president of Fort Wayne Tool & Die, negotiated a trust agreement (Plan) to provide retirement and death benefits to salaried employees of the company. The Plan provided these benefits from two funds, a General Fund and an Auxiliary Fund. The employer contributed to the General Fund in sufficient amounts to purchase insurance policies in order to provide death benefits if a participant in the Plan died prior to retirement...

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