GLOVER v. FIRST UNION NAT. BANK

No. 9216SC169.

428 S.E.2d 206 (1993)

109 N.C. App. 451

Edward J. GLOVER, Jr., Plaintiff, v. FIRST UNION NATIONAL BANK OF NORTH CAROLINA and First Union National Bank of North Carolina, Trustee of the Retirement Plan and Trust for Employees of First Union National Bank of North Carolina and Its Affiliated Companies, Defendants.

Court of Appeals of North Carolina.

April 6, 1993.


Attorney(s) appearing for the Case

McLean, Stacy, Henry & McLean, P.A. by William S. McLean, Lumberton, for plaintiff.

Tharrington, Smith & Hargrove by Randall M. Roden, Raleigh, for defendant.


MARTIN, Judge.

The dispositive issue on appeal is whether the Merger Agreement executed between Scottish Bank and First Union is so clear and unambiguous as to establish, as a matter of law, that former employees of Scottish Bank are entitled to receive retirement benefits under the First Union Plan based upon total years of service to both Scottish Bank and First Union, as well as their accrued benefits under the previously existing Scottish Bank Plan. We conclude...

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