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Civil Procedure Keyed to Silberman
Herendeen v. Champion International Corp.
Facts
James Herendeen (plaintiff) was a paper sales representative for Nationwide Papers Incorporated (Nationwide) (defendant). On May 15, 1969, Herendeen surrendered from his position in dependence on a guarantee from his boss that he would get another, written work contract and keep on receiving his benefits. At the point when Herendeen did not get another agreement, he acquired suit to state court against U.S. Plywood-Champion Papers, Inc. (Champion) (defendant) and Nationwide, its subsidiary, claiming that the defendants had looked to swindle him of his benefits. Herendeen sought as damages $200,000 in lost commissions and $75,000 in lost pension benefits. The state court found that the complaint was charged on an unenforceable, oral contract to agree and, in this way, dismissed the case for Herendeen's failure to state a claim upon which relief could be granted. The state court did not achieve the issue of damages. Herendeen later sued Champion, Nationwide, and the trustees and heads of his annuity design (defendants). Herendeen tried to get payments he guaranteed he was entitled to under the directions of his pension plan. The district court dismissed his case on the ground of res judicata. Herendeen appealed.
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