FRASER v. MAGIC CHEF-FOOD GIANT MARKETS, INC.

No. 15204.

324 F.2d 853 (1963)

Robert FRASER, Jr., Plaintiff-Appellant, v. MAGIC CHEF-FOOD GIANT MARKETS, INC., Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

December 9, 1963.


Attorney(s) appearing for the Case

Jack G. Day, Cleveland, Ohio (Bernard A. Berkman, Larry S. Gordon, Cleveland, Ohio, on the brief), for appellant.

William J. Isaacson, New York (Morris Berick, Marvin S. Zelman; Burke, Haber & Berick, Cleveland, Ohio, Milton Kunen, Frederick R. Livingston; Kaye, Scholer, Fierman, Hays & Handler, New York City, on the brief), for appellee.

Before MILLER, CECIL and PHILLIPS, Circuit Judges.


CECIL, Circuit Judge.

This action was brought in the Common Pleas Court of Cuyahoga County, Ohio, by Robert Fraser, Jr., on behalf of himself and fellow employees of Magic Chef-Food Giant Markets, Inc., to recover wages in excess of $1,000,000. The action was removed to the United States District Court for the Northern District of Ohio, on motion of the defendant by virtue of diversity of citizenship. (Sec. 1332, Title 28 U.S.C.) Federal question jurisdiction (Sec...

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