Donald R. Egloff v. Wilcox Electric Company, Northrop Corporation, American Standard, Inc., and Leroy Kaufold

BRIGHT, Circuit Judge.

Donald R. Egloff brought this suit against Wilcox Electric Co., his former employer, following his termination as chief financial officer for Wilcox. Egloff’s complaint against Wilcox contained four counts. Count I alleged that Wilcox fired Egloff to prevent his rights to a pension from vesting, in violation of 29 U.S.C. § 1132(f) (ER-ISA). Count II alleged that Wilcox terminated Egloff because of his age, in violation of 29 U.S.C. § 626 (Age Discrimination in Employment Act of 1967). In count III, Egloff claimed that Wilcox’s letter to him on September 5,1975, stated…