Cool v. International Shoe Co.

RIDDICK, Circuit Judge.

This is an appeal from a judgment dismissing a complaint with prejudice. The motion on which the judgment was granted assigned as grounds: (1) That the complaint failed to state a claim upon which relief could be granted; (2) that it appeared on the face of the complaint that plaintiff was guilty of such laches as barred his right of recovery; and (3) that the cause of action asserted was barred by limitations. The order of the District Court does not show on what ground the complaint was dismissed.

The complaint may be summarized. In 1916 plaintiff was in the employment…