TAGTMEIER v. SMITH

Civ. A. No. 24510.

167 F.Supp. 292 (1958)

Esther M. TAGTMEIER v. Harry J. SMITH, individually and trading as Doriss & Smith, and John W. Doriss, Jr.

United States District Court E. D. Pennsylvania, at Philadelphia.

September 3, 1958.


Attorney(s) appearing for the Case

I. Edward Master, Newman & Master, Philadelphia, Pa., for plaintiff.

James F. McMullan, Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for defendants.


LEAHY, District Judge.

This is a breach of contract suit for employment. Counsel suggested (I agree) this is a strange contract. Defendant has moved for judgment on the pleadings under Fed.Rules Civ.Proc. rule 12(b) (6), 28 U.S.C.A., or for summary judgment under F.R. 56.

1. At the outset, defendant John W. Doriss, Jr., is out of the case. He has the same role as plaintiff and cannot by any view be charged with breaking a contract in which plaintiff is involved...

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