Horace v. Auto Specialties Manufacturing Co.

OPINION

BENJAMIN F. GIBSON, District Judge.

This matter comes before the Court on defendant Auto Specialties Manufacturing Company’s (“the Company”) motion for dismissal or summary judgment. The underlying cause of action is plaintiff Houston Horace’s claim for retirement benefits alleged due and owing from the Company. Plaintiff was employed by the Company from October 1948 until his retirement on July 1, 1974. On June 3, 1975, Horace was awarded Workers’ Compensation benefits of $93 per week for injuries incurred as a result of employment with defendant Company.

At the time of plaintiff’s…