McLAUGHLIN, Circuit Judge.
This non-jury litigation is before us for the second time. It is a diversity action by plaintiff employee against his employer for breach of an employment contract extending from April 14, 1959 to July 30, 1961. In the first trial at the conclusion of plaintiff's affirmative case, his claim was dismissed because of the court's decision that it was for less than the statutory amount. The trial judge additionally held: "In the alternative...
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