Terito v. John S. Swift Co.

OPINION OF THE COURT

George A. Murphy, J.

In this action the plaintiff, Dominick A. Terito, a former employee of the defendant John S. Swift Co., Inc., seeks a declaratory judgment concerning his rights to a company pension after his services were terminated. The plaintiff also seeks money damages. The defendants deny the material allegations of the complaint and have interposed five affirmative defenses, the first four on procedural *425grounds while the last defense rests on the doctrine of unclean hands.

The plaintiff argues that he has a vested interest in the pension plan of his former employer…