LOUNDON v. MORRISON-KNUDSEN COMPANY


137 F.Supp. 642 (1955)

David A. LOUNDON, Plaintiff, v. MORRISON-KNUDSEN COMPANY, Inc., Bates and Rogers Construction Corp., Ralph E. Mills Co., Inc., Blythe Bros. Company, and Nello L. Teer Company, d/b/a Atlas Constructors, Defendants.

United States District Court S. D. New York.

December 29, 1955.


Attorney(s) appearing for the Case

Cooper, Ostrin & De Varco, New York City, for plaintiff.

J. Edward Lumbard, U. S. Atty., New York City, for defendants.


EDELSTEIN, District Judge.

The defendants move, under Fed. Rules Civ.Proc. Rule 12(b) (6), 28 U.S. C.A., to dismiss the complaint whereby plaintiff has sued for the breach of an "Off-Continent Employment Agreement" entered into in New York, under which he was employed as an engineer to work on construction projects in French Morocco, North Africa. The breach alleged is wrongful discharge. The contract included a provision obliging the employee to give written notice...

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