Soper v. St. Regis Paper Company

ARCHIBALD, Justice.

Plaintiff-appellant instituted a civil action seeking equitable relief claiming that he had been deprived of disability benefits due him under the provisions of a “compensation plan” by the defendant’s refusal to comply with the terms of that plan. After service of the complaint and without filing an answer, the defendant made a motion for summary judgment, supported by the affidavit of its “Personnel Manager,” which motion was granted despite the filing of an opposing counter affidavit by the appellant.

We sustain the appeal and remand the case to the Superior Court for…