Valenzuela v. Kraft Inc‪.‬

Thomas Menhorn appeals from a judgment upholding Firestone Tire & Rubber Companys denial of Menhorns application for benefits under Firestones employee retirement plan. Menhorn was employed by Firestone at its Akron, Ohio, plant from October 26, 1953, until he resigned on August 11, 1967, to move to California. Although Menhorn alleged otherwise in his complaint, uncontradicted declarations filed in support of Firestones motions below establish that Menhorn was informed before his resignation that he would not receive credit for his years of service in Akron should Firestone reemploy him in California. Menhorn was in fact rehired at Firestones Los Angeles plant on August 16, 1967, where he worked until he was laid off on June 13, 1980.