Mell Gilbert Underwood

“Accordingly, plaintiff’s request for a preliminary injunction is denied and the motion of the defendants for dismissal of the action for lack of jurisdiction must be and is hereby granted.”

“Plaintiff has failed to establish any right to an additional one week’s vacation and this action should be dismissed.”

“Plaintiff Frank B. McClelland is entitled to recover from the defendant the sum of $4,167.95, with interest at the rate of six percent per annum from October 13, 1948.”

“Plaintiff H. Paul Joseph is entitled to recover from the defendant the sum of $3,954.37, with interest at the rate of six percent per annum from October 13, 1948.”

“That judgment should be entered in favor of defendant, Universal Potteries, Inc., and against each of the plaintiffs.”

“In this case, the Court feels that such a reference should be made.”

“The Court is persuaded that this is a suit in equity.”

“It follows therefore that judgment should be entered in favor of the plaintiff and against the defendant and to this extent, the motion of the plaintiff for summary judgment will be sustained.”

“Therefore, the Court denies plaintiff’s motion to dismiss without prejudice, and grants defendant’s motion for summary judgment.”

“Plaintiff is entitled to a refund of taxes in accordance with the findings herein, and further plaintiff is entitled to recover the court costs.”

“It is therefore the conclusion of this Court that this case should be rereferred to the Conciliation Commissioner with instructions to take further proceedings therein in conformity with this opinion.”

“Having considered these motions and their supporting grounds at great length, and being fully advised in the premises, the Court finds: That both motions in all their branches should be overruled.”

“Defendant’s motion should be sustained and the complaint dismissed.”

“Plaintiff’s motion for leave to file an amended complaint should be sustained.”

“The Court, therefore, adheres to its former position, permitting the plaintiff to amend.”