Legal Opinion
Sharkey v. Ultramar Energy Ltd.
District Court, S.D. New York
Decided November 15, 1994No. 93 Civ. 1469 (VLB)PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM ORDER
VINCENT L. BRODERICK, District Judge.
I
Plaintiff Daniel J. Sharkey seeks to have pension and severance payments from the defendant former employer calculated on the basis that his employment was continuous from an original hire in December 1971 to July 31, 1992. The controversy arises from the fact that Sharkey retired on June 1, 1988 and functioned as a consultant rather than an employee until re-employed on July 1, 1991.
Both parties have moved for summary judgment under Fed.R.Civ.P. 56. Defendants’ motions to dismiss all claims are granted; plaintiff’s motion is denied. The…
2Cases cited17 opinions
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Allied Tube & Conduit Corp. v. Indian Head, Inc.Supreme Court of the United States · 1988
- United States v. Ingredient Technology Corporation, Formerly Known as Sucrest Corporation, and Robert M. RapaportCourt of Appeals for the Second Circuit · 1983
- Maurice Kunstenaar v. Connecticut General Life Insurance Co., Texas Eastern Transmission Corp., and Halcon S.D. Group, Inc.Court of Appeals for the Second Circuit · 1990
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3Cited by5 opinions
- ASARCO LLC v. Americas Mining Corp.District Court, S.D. Texas · 2008
- Sharkey v. Ultramar Energy Ltd.Court of Appeals for the Second Circuit · 1995
- Sharkey v. Lasmo (Aul Ltd.)District Court, S.D. New York · 1995
- 19 Employee Benefits Cas. 2590, Pens. Plan Guide P 23914y Daniel J. Sharkey v. Ultramar Energy Limited, Lasmo Plc, Lasmo (Aul Ltd), AKA American Ultramar Limited, and Pension Committee of the Ultramar U.S. Employees Retirement PlanCourt of Appeals for the Second Circuit · 1995
- Schreiber Foods, Inc. v. Beatrice Cheese, Inc.District Court, E.D. Wisconsin · 2004