LOCALS NO. 1470, ETC. v. SOUTHERN PAC. CO.

No. 10437.

131 F.2d 605 (1942)

LOCALS NO. 1470, NO. 1469, AND NO. 1512 OF INTERNATIONAL LONGSHOREMEN'S ASS'N v. SOUTHERN PAC. CO.

Circuit Court of Appeals, Fifth Circuit.

December 7, 1942.


Attorney(s) appearing for the Case

W. J. Durham, of Sherman, Tex., for appellants.

John P. Bullington, of Houston, Tex., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

This is an action brought by appellants to recover from appellee alleged damages resulting from the breach of an employment contract. Appellee filed a motion to dismiss for failure of the complaint to state a cause of action; upon the hearing thereof the trial court received in evidence by stipulation two letters and a copy of the alleged contract of employment, and sustained the motion to dismiss.

The complaint alleged that the appellee...

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