Coxon

Appeal by plaintiff below from a judgment of dismissal.

William Coxon was in the employment of Southern Pacific Company for many years. Early in 1944 he was granted sick leave, and thereafter the leave was extended by a ninety-day leave, dating from the beginning of his original leave. Before the ninety days had elapsed, he requested a ninety-day leave in order to conduct a campaign in his own behalf for nomination to a state office. The company replied that because of a company rule adopted under an agreement with a labor organization, the request was denied, and, the ninety-day leave having then expired, Coxon was notified to report for duty immediately. Inferentially, he failed to report, and the position he had occupied was declared vacant. About four months later the company advised Coxon that his services were terminated. Coxon claimed heavy damages for wrongful discharge in a state court action, which was transferred to the United States District Court by reason of diversity.

Appellant’s brief presents many points, but since we think the complaint wholly insufficient, we do not reach them.

The primary theory of the complaint is that a state statute has been violated and…