CRISCENTI v. BRADCO PROFIT SHARING INV. PLAN

Civ. No. 87-1247-T.

698 F.Supp. 1486 (1988)

Antonio J. CRISCENTI, Barry A. Eccher, Robert R. Ellis, and Roger W. PRYOR, Plaintiffs, v. BRADCO PROFIT CENTERS' EMPLOYEES PROFIT SHARING INVESTMENT PLAN, Tenant Development, Inc., Integrated Coating and Flooring, Systems, Inc., Conco Services, Ltd., Bradco International, Ltd. Employees Profit Sharing Investment Plan, Bradco International, Ltd., Ellis Smith, as Administrator of the Bradco Profit Centers' Employees Profit Sharing Investment Plan and Bradco International, Ltd., Employees Profit Sharing Investment Plan, and San Diego Trust and Savings Bank, as Trustee of the Bradco Profit Centers' Employees Profit Investment Plan and Bradco International, Ltd. Employees Profit Sharing Investment Plan, Defendants.

United States District Court, S.D. California.

November 8, 1988.


Attorney(s) appearing for the Case

Robert J. Hanna, Hillyer & Irwin, San Diego, for plaintiffs.

Charles H. Dick, Jr., MacDonald, Halsted & Laybourne, San Diego, for defendants.


MEMORANDUM OF DECISION

TURRENTINE, Senior District Judge.

The administrator of a non-contributory employee profit sharing plan denied a request by four employees, who voluntarily left their employment to form a competitive enterprise, that they be paid their profit sharing benefits in a lump sum. Instead, the administrator, in the exercise of his discretion, determined that the former employees should be paid on an installment basis. Plaintiffs/former employees...

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