Marvin Martin v. Lincoln Park West Corporation

LINDLEY, Circuit Judge.

Plaintiff appeals from a judgment dismissing his complaint because of failure to state a claim upon which relief could be granted. Rule 12(b) of Federal Rules of Civil Procedure, 28 U.S.C.A.

The essential averments of the complaint follow. On June 2, 1954, defendant, a hotel corporation, employed plaintiff as clerk, agreeing to pay him $190.00 per month and to allow him the use of a room. Six days later, his duties were modified, in that he became auditor. He had hoped that the change would result in greater compensation but discovered, on June 17, that his wages…