McArdle v. Schneider

CAFFREY, District Judge.

This is a civil action for an alleged breach of an employment contract. Jurisdiction of this Court is based on diversity of citizenship. The matter is before the Court on the defendant’s motion to dismiss. A previous suit had been filed in Suffolk Superior Court involving the same parties and the same factual and legal issues. It appears from the Superior Court records, certified copies of which have been filed with this Court, and from oral argument before this Court, that a demurrer to the complaint was sustained with the plaintiff given leave to file a motion to…