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MENHORN v. FIRESTONE TIRE & RUBBER CO.

No. 82-6084.

738 F.2d 1496 (1984)

Thomas MENHORN, Plaintiff-Appellant, v. FIRESTONE TIRE & RUBBER CO., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 3, 1984.

Attorney(s) appearing for the Case

Richard J. Cantrell, Cantrell, Green & Pekich, Long Beach, Cal., for plaintiff-appellant.

Sheila S. Kato, Grossman & Kato, Los Angeles, Cal., for defendant-appellee.

Before FERGUSON and BOOCHEVER, Circuit Judges, and SCHWARZER, District Judge.

SCHWARZER, District Judge.

FACTS

Thomas Menhorn appeals from a judgment upholding Firestone Tire & Rubber Company's denial of Menhorn's application for benefits under Firestone's employee retirement plan. Menhorn was employed by Firestone at its Akron, Ohio, plant from October 26, 1953, until he resigned on August 11, 1967, to move to California. Although Menhorn alleged otherwise in his complaint, uncontradicted declarations filed in support of Firestone...

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