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Lind v. Schenley Industries

United States Court of Appeals for the Third Circuit
278 F.2d 79 (3d. Cir. 1960)


Facts

Lind (plaintiff) sued his employer Schenley (defendant) for alleged breach of an oral promise for an increase in pay. Both Lind and his former secretary testified that the promise had been made. The jury returned a verdict for Lind, and Schenley moved for judgment notwithstanding the verdict and, alternatively, a new trial. The trial judge granted the motion because it found the jury’s verdict contrary to the weight of the evidence.

Rule of Law

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Issue

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Holding and Reasoning (Biggs, C.J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Dissent (Hastie, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion. To access this section, start your 7-day free trial of Quimbee for Law Students.

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