Legal Opinion
Loundon v. Morrison-Knudsen Co.
District Court, S.D. New York
Decided December 29, 1955PublishedCited by 1 opinion
1Opinion of the Court
EDELSTEIN, District Judge.
The defendants move, under Fed. Rules Civ.Proc. Rule 12(b) (6), 28 U.S. C.A., to dismiss the complaint whereby plaintiff has sued for the breach of an “Off-Continent Employment Agreement” entered into in New York, under which he was employed as an engineer to work on construction projects in French Morocco, North Africa. The breach alleged is wrongful discharge. The contract included a provision obliging the employee to give written notice of any claim arising out of the employment within 60 days after such a claim arose, as a condition precedent to recovery.…
2Cases cited11 opinions
- Murrary v. . Cunard Steamship Co.New York Court of Appeals · 1923
- Forsyth v. . City of OswegoNew York Court of Appeals · 1908
- Cudahy Packing Co. v. Munson S. S. LineCourt of Appeals for the Second Circuit · 1927
- WR Grace & Co. v. Panama R. Co.Court of Appeals for the Second Circuit · 1926
- Oceanic Steam Nav. Co. v. CorcoranCourt of Appeals for the Second Circuit · 1925
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3Cited by1 opinion
- Hoenstein v. Negev Airbase ConstructorsAppellate Division of the Supreme Court of the State of New York · 1985