Civil Procedure Keyed to Crump
Fox v. Lummus Company
Plaintiff was employed by the defendant and executed an employment contract, which provided the plaintiff’s salary would be reduced monthly, to equalize after taxes of other employees of different nationalities. The salary was to be reduced by a theoretical amount. No tax was ever levied by the government and the plaintiff brought suit for the unpaid portion. The plaintiff alleged breach of contract, unjust enrichment, quasi contract, and that the defendant continually pressured him to resign, causing mental distress, and seeking $100,000 in damages. Defendant moved to dismiss under Federal Rule of Civil Procedure 12 (b)(6) for failure to state a claim. The defendant also moved for a more definite statement of his claim they pressure him to resign and motion to strike his request for damages stemming from mental injuries, all under rule 12.
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