American Stores Company v. Johnston

BICKS, District Judge.

In an action by plaintiff-employer for a declaratory judgment pursuant to 28 U.S.C.A. § 2201 1 the defendant-Union has moved for summary judgment upon the following undisputed facts: On December 1, 1946 the plaintiff (hereinafter referred to as the Company) instituted an Employee Retirement Plan which provided for both employer and employee contributions toward a retirement pension fund, the Company’s obligation being to contribute approximately twice that of the employees. In addition the entire cost of retirement income for past services, over 3 million dollars, was…