Richard C. Powers v. Boston Cooper Corporation
Court of Appeals for the First Circuit
1Opinion of the Court
SELYA, Circuit Judge.
In this diversity case, 28 U.S.C. § 1332, governed by the substantive law of Massachusetts, plaintiff-appellant Richard C. Powers had three chances to put the ball in play. He struck out. At the last, the district court dismissed Powers’ second amended complaint for failure to state an actionable claim. Fed.R.Civ.P. 12(b)(6). Powers says that the strike-out call was a blunder. We find the side was retired in accordance with the rules and, therefore, affirm the dismissal.
The second amended complaint is in two counts. The first count claims breach of an oral employment…
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