White v. E & F Distributing Co. Employee's Pension Plan

OPINION

RICHARD MILLS, District Judge.

Pension Plan.

Was Plaintiff covered?

No.

Summary judgment for Defendants.

I. BACKGROUND

A. Facts

Thomas D. White is an 81 year old former employee of E & F Distributing Company (E & F) and worked for E & F from 1949 through December 31, 1979. For the first three to five years he worked for E & F, White drove a truck and earned a regular salary. At some point between 1952 and 1955, he became a commissioned liquor salesman. In that capacity, he received no regular salary, was paid a straight 3 or 3.2% commission, and paid all of his own expenses. This compensation…