Dollgener v. Robertson Fleet Services, Inc.

HALL, Justice.

This suit is against the plaintiff’s former employer, Robertson Fleet Services, Inc. (hereinafter “RFS”), and the trustees of a profit-sharing pension plan which was wholly funded by the company. The plaintiff seeks benefits under the plan in the amount of $18,619.58. The trial court held that under the terms of the plan the plaintiff forfeited his interest in it when he began competing with RFS after leaving its employment, and rendered summary judgment denying recovery. We affirm.

There is no dispute in the material facts. The plaintiff is 55 years of age. For the past 30 years…