Sidney Pines v. Warnaco, Inc.

JOHNSON, Circuit Judge:

Plaintiff Sidney Pines worked for Weiss Brothers Stores, Inc. for 27 years before retiring in 1967.' Pines was not covered by a funded pension plan at the time of his retirement, but he had a vested right in and was paid a monthly retirement benefit of $650.00 by Weiss Brothers. On November 25,1968, the shareholders of Weiss Brothers changed the name of the company to Gus Mayer Stores, Inc. (Gus Mayer).

On September 30, 1969, Gus Mayer was merged into Gusco Clothing Stores, Inc., a wholly owned shell corporation of the defendant, Warnaco, Inc. 1 Upon effectuation of the…