MARTIN v. LINCOLN PARK WEST CORPORATION

No. 11311.

219 F.2d 622 (1955)

Marvin MARTIN, Plaintiff-Appellant, v. LINCOLN PARK WEST CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

February 17, 1955.


Attorney(s) appearing for the Case

Marvin Martin, Chicago, Ill., for appellant.

Mayer Goldberg, Leonard L. Levin, Burton Berger, Chicago, Ill., of counsel, for appellee.

Before MAJOR, LINDLEY and SWAIM, Circuit Judges.


LINDLEY, Circuit Judge.

Plaintiff appeals from a judgment dismissing his complaint because of failure to state a claim upon which relief could be granted. Rule 12(b) of Federal Rules of Civil Procedure, 28 U.S.C.A.

The essential averments of the complaint follow. On June 2, 1954, defendant, a hotel corporation, employed plaintiff as clerk, agreeing to pay him $190.00 per month and to allow him the use of a room. Six days later, his duties were modified, in...

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