Sickelco

Sickelco v. Union Pac. R.

Good Law
111 F.2d 746·1940 U.S. App. LEXIS 3762
United States Court of Appeals for the Ninth CircuitMay 3, 1940No. 9375California2,931 words

Opinion

Lead Opinion

Stephens, J.

Appeal from a judgment rendered after a directed verdict in favor of defendants. Jurisdiction of the federal courts is based on diversity of citizenship. The jurisdictional sum of money is involved. For convenience we will refer to the appellant and appellees as plaintiff and defendants respectively. j

For many years plaintiff was employed by the defendant Los Angeles & Salt Lake Railroad Company, and later by the defendant Union Pacific Railroad Company, in the capacity of “mechanical supervisor”. The defendant Los Angeles & Salt Lake Railroad Company leased its properties to the defendant Union Pacific Ra-ilroad Company, and the Union Pacific Railroad Company agreed to “liquidate the current and deferred assets and liabilities of” the Los Angeles & Salt Lake Railroad Company, and “defend or settle all claims, demands and suits growing out of the operations and business of the” Los Angeles & Salt Lake Railroad Company “prior to the effective date” thereof. Plaintiff seeks to recover . from the defendant companies full salary for periods from March 30, 1932 to June 21, 1932 and from August 26, 1932 to February 26, 1936, totaling over three years, during which he was laid off on…

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