WESLEY v. I.T.O. CORP. OF RHODE ISLAND

No. 83-1788.

739 F.2d 683 (1984)

James W. WESLEY, Jr., Plaintiff, Appellant, v. I.T.O. CORPORATION OF RHODE ISLAND, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 27, 1984.


Attorney(s) appearing for the Case

Ralph J. Gonnella, Providence, R.I., for appellant.

Thomas J. Muzyka, Boston, Mass., with whom William H. Welte and Glynn & Dempsey, Boston, Mass., were on brief, for I.T.O. Corp. of R.I.

Before CAMPBELL, Chief Judge, BREYER, Circuit Judge, and GIERBOLINI, District Judge.


GIERBOLINI, District Judge.

Appellant James W. Wesley, Jr. (Wesley) appeals from the district court's dismissal of his complaint pursuant to Rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. He asserts that the court erred in dismissing the complaint and amended complaint for failure to state a claim upon which relief could be granted.

The facts of this case are essentially undisputed. In 1978, appellant Wesley, a longshoreman, was employed as...

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