Levitt v. Billy Penn Corp.

Opinion by

Spaulding, J.,

Appellant David Levitt appeals from an order of the Court of Common Pleas of Philadelphia, en banc, denying him funds which he claims to be due under the Profit Sharing and Retirement Plan of appellee, The Billy Penn Corporation. The order reversed a prior judgment in appellant’s favor, after a trial without a jury before the late Judge Joseph D. Burke.

Appellant was employed by appellee continuously from July 1946 to April 1967 in an executive position. He decided to leave after being warned by his doctor in 1966 that unless he “slowed down” or changed jobs he would…