Moore v. Postal Telegraph-Cable Co.

The opinion of the Court was delivered by

Circuit Judge G. DewEy OxnER, Acting Associate Justice:

The respondent, as committee of the person and estate of Allie Foster Moore, commenced this action in 1937, for the recovery of certain benefits alleged to be due to her ward as the surviving wife of John E. Moore, a former employee of appellant, under a pension and benefit plan which appellant established for the benefit of its employees.

The action was tried before Plonorable Henry Busbee, Special Judge. The parties waived trial by jury. The trial Judge, after hearing the testimony and arguments,…