· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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