Legal Opinion
W. S. McAleer v. McNally Pittsburg Mfg. Corp.
Court of Appeals for the Third Circuit
Decided July 24, 1962No. 13950PublishedCited by 4 opinions
1Opinion of the Court
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 reeov-ery, exclusive of interest and costs is $9,-713.04.” The motion was denied in both instances. The court later concluded that the motion should have been granted and the suit was dismissed for that reason. It was also…
2Cases cited4 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Horton v. Liberty Mutual InsuranceSupreme Court of the United States · 1961
- National Surety Corp. v. City of Excelsior Springs Ex Rel. SchwarzenbachCourt of Appeals for the Eighth Circuit · 1941
- Berger v. Austin, Nichols & Co.Court of Appeals for the Seventh Circuit · 1948
3Cited by4 opinions
- F & S Construction Co. v. JensenCourt of Appeals for the Tenth Circuit · 1964
- W. S. McAleer v. McNally Pittsburg Manufacturing CompanyCourt of Appeals for the Third Circuit · 1964
- F & S Construction Company, Inc., an Arizona Corporation v. Oliver Andrew Jensen and Neldo M. Jensen, F & S Construction Company, Inc., an Arizona Corporation v. Orval Eldan Winters and Ruth W. WintersCourt of Appeals for the Tenth Circuit · 1964
- McAleer v. McNally Pittsburg Mfg. Corp.District Court, W.D. Pennsylvania · 1963