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· 3/3/1988

Chester Degeare v. Alpha Portland Industries, Inc., and the Equitable Life Assurance Society of the United States

Citations

  • 837 F.2d 812

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that employer's promise to future retirees that benefits \will continue\ could not be read as promise of vested lifetime benefits
  • holding that employer’s promise to future retirees that benefits “will continue” could not be read as promise of vested lifetime benefits
  • stating that “[c]onstruing ambiguities against the drafter should be the last step of interpretation, not the first step”
  • recognizing contra proferentem rule as a matter of federal common law
  • “plaintiffs must establish their case by a preponderance of the evidence if they are to prevail”
  • reservation of rights language unambiguously confers on the company the right to amend or terminate the plan

Source: CourtListener parenthetical corpus (CC0).

Judges: McMillian, Gibson, Beam

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.