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McALEER v. McNALLY PITTSBURG MFG. CORP.

No. 13950.

307 F.2d 220 (1962)

W. S. McALEER, Appellant, v. McNALLY PITTSBURG MFG. CORP., Appellee.

United States Court of Appeals Third Circuit.

Decided July 24, 1962.

Attorney(s) appearing for the Case

James C. Larrimer, Pittsburgh, Pa. (Dougherty, Larrimer & Lee, Pittsburgh, Pa., on the brief), for appellant.

Earl F. Reed, Jr., Pittsburgh, Pa. (Thorp, Reed & Armstrong, Pittsburgh, Pa., on the brief), for appellee.

Before McLAUGHLIN, STALEY and HASTIE, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Plaintiff sued his employer in a diversity action for breach of an employment contract. There was a motion on behalf of the defendant just prior to trial and renewed at the trial after the conclusion of the evidence on behalf of the plaintiff, to dismiss the action "because in the stipulation of counsel filed of record it appears that the maximum recovery, exclusive of interest and costs is $9,713.04." The motion was denied in both instances...

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