Tage E. Pearson v. Youngstown Sheet and Tube Company, an Ohio Corporation

MAJOR, Circuit Judge.

Plaintiff filed this diversity action to recover from defendant (a corporation) for an alleged breach of an implied contract of employment. The complaint consists of three counts. The trial court dismissed Counts I and III for failure to state a cause upon which relief could be granted, and allowed defendant’s motion for summary judgment as to Count II. From a judgment of dismissal entered October 22, 1963, plaintiff appeals.

Plaintiff in support of his right to recover advances a novel theory, unknown to the law so far as we are aware. In the concluding paragraph of his…