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TIEDMAN v. AMERICAN PIGMENT CORPORATION

No. 7451.

253 F.2d 803 (1958)

Allen W. TIEDMAN and Victor Mercaldi (Victor Mercaldi having died during the pendency of this action and Anthony Mercaldi having qualified as Administrator of the Estate of Victor Mercaldi, deceased), Appellants, v. AMERICAN PIGMENT CORPORATION, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 3, 1958.

Attorney(s) appearing for the Case

John M. Goldsmith, Radford, Va. (Robert S. Irons; Goldsmith & Irons, Radford, Va., and William J. Graham, on brief), for appellants. Howard C. Gilmer, Jr., Pulaski, Va. (Alex M. Harman, Jr., Pulaski, Va., on brief), for appellee.

Before PARKER, Chief Judge, and SOBELOFF and HAYNSWORTH, Circuit Judges.

SOBELOFF, Circuit Judge.

After an extensive trial the District Judge, sitting without a jury, dismissed the claim of the plaintiff, Allen W. Tiedman, against the American Pigment Corporation, on a contract of employment.

Tiedman's co-plaintiff, Mercaldi, had no participation in the events here reviewed, and joined in the suit as assignee of an interest in Tiedman's claim. The plaintiffs have appealed.

The contentions raised on the appeal are that the...

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