(DOWNLOAD) "Gediman v. Anheuser-Busch Inc." by Second Circuit United States Court Of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Gediman v. Anheuser-Busch Inc.
- Author : Second Circuit United States Court Of Appeals
- Release Date : January 30, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
FRIENDLY, C. J.: This action was brought in the Eastern District of New York by H. James Gediman, a resident of New York and executor under the will of James E. Barsi, admitted to probate in the Surrogates Court of New York County, and George A. Barsi, administrator c.t.a. in California probate proceedings, against Anheueser-Busch, Inc., a Missouri corporation, 28 U.S.C. § 1332, for amounts allegedly due under the Companys pension plan or for misrepresentation in connection there with. Judge Byers rendered a judgment in favor of plaintiffs for $73,754.02, which he held to be due under the pension plan, plus interest from November 17, 1957, and costs Claiming only $32,780.44, to be owing, defendant has appealed; plaintiffs have taken a cross-appeal with respect to the dismissal of their alternative claim for misrepresentation.We hold that the District Court erred in awarding judgment under the pension plan but that plaintiffs were entitled to recover on the basis that defendant negligently, although in good faith, misinformed Barsi as to the consequences of the election that he made upon retirement. Hence we reverse on both appeals, with a direction to enter judgment for plaintiffs as hereafter set forth.