Cole

Cole v. Loew's Inc.

Good Law
8 F.R.D. 508
United States District Court, Southern District of CaliforniaDecember 30, 1948No. 8005California18,324 words

Opinion

Lead Opinion

Yankwich, J.

Opinion.

(after stating the facts as above).

The Court will adopt, as his own, the findings of the jury returned on the special verdict contained in the answers to the four questions propounded, and, on the basis of those answers and the findings which are implicit in the answers 1 , the Court will *521 make the following findings and declarations :

I. The Jury’s Verdict and its Implications.

The Court finds that the notice of December 2, 1947, given by Loew’s Incorporated, suspending the employment of the plaintiff, Lester Cole, for the reasons therein indicated, is null and void; that the ground therein stated,—the appearance before the Committee,—was not a valid ground for the order of suspension; that the action of the plaintiff, when appearing before the Committee, and his entire conduct with relation to the hearings, before, at, or about the time of the hearings,—were within his rights and did not constitute a breach, on his part, of Clause 5 of the contract,—which has been designated as the “public relations” or “morality” clause 2 , or any other portion of the contract; that it was not a ground either for suspension or for termination of the contract; that no other…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.