No. 89-1139.

877 F.2d 159 (1989)

Robert E. CURTIS, Plaintiff, Appellee, v. Al NOEL, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided June 21, 1989.

Rehearing and Rehearing Denied July 26, 1989.

Attorney(s) appearing for the Case

Richard W. Benka, with whom, Paul V. Lyons, Joseph Halpern and Foley, Hoag & Eliot were on brief, for defendants, appellants.

John N. Lewis, with whom Ravech, Aronson & Shuman, P.C., was on brief, for plaintiff, appellee.

Before BOWNES and BREYER, Circuit Judges, and GRAY, Senior District Judge.

Rehearing and Rehearing En Banc Denied July 26, 1989.

GRAY, Senior District Judge.

This is an appeal from a summary judgment granted by the district court to the plaintiff, which required the defendant administrator of a retirement plan to recalculate upward the retirement benefits to which the plaintiff was entitled. We reverse.

The plaintiff, Robert E. Curtis, was employed in Massachusetts by Patriot General Life Insurance Company from 1968 until...

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