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ANTOINE v. F. J. BOUTELL DRIVEAWAY CO., INC.

Civ. A. No. 4369.

351 F.Supp. 1271 (1972)

James Joseph ANTOINE, Plaintiff, v. F. J. BOUTELL DRIVEAWAY CO., INC., a Michigan corporation, Defendant.

United States District Court, D. Delaware.

December 7, 1972.

Attorney(s) appearing for the Case

William J. Wier, Jr., of Connolly, Bove & Lodge, Wilmington, Del., Jacob Kreshtool, of Bader, Dorsey & Kreshtool, Wilmington, Del., for plaintiff.

James A. Walsh, Wilmington, Del., John W. Ester, Matheson, Bieneman, Veale & Parr, Detroit, Mich., for defendant.

OPINION

STAPLETON, District Judge.

This action seeks damages for breach of contract and is presently before the Court on cross-motions for summary judgment. Fed.R.Civ.P. 56. Jurisdiction is predicated upon diversity of citizenship; the amount in controversy exceeds ten thousand dollars. 28 U.S.C. § 1332(a).

Plaintiff is a truck driver; defendant is his employer. Their relationship, however, has a dual aspect; in addition to the employer-employee...

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