Bailey v. Rockwell Spring & Axle Co.

This is a motion for summary judgment dismissing the first four of the six causes of action pleaded in the second amended complaint.

The causes of action sought to be dismissed are asserted on behalf of all defendant’s employees who, after having worked in its Timken Silent Automatic Division after March 31, 1945, had been discharged on or about March 31, 1955, before completing 10 years of service. The four causes of action proceed upon the theory that plaintiffs are entitled to retirement annuities which defendant, pursuant to a pension plan established for its employees in December, 1940,…