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    Sawyer v. E. F. Drew & Co., Inc, 209 F.2d 566, 3rd Cir. (1954)

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    The plaintiff sued his former employer for wrongful termination of his employment contract before its expiration. There were competing versions of why the plaintiff was fired presented at trial, with the plaintiff claiming he was loyal and the defendant claiming disloyalty. The trial court found in favor of the plaintiff. On appeal, the appellate court could not say the trial court's factual findings were clearly erroneous, as the case came down to credibility determinations of witnesses who testified. Therefore, the appellate court affirmed the judgment in favor of the plaintiff.

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    Sawyer v. E. F. Drew & Co., Inc, 209 F.2d 566, 3rd Cir. (1954)

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    The plaintiff sued his former employer for wrongful termination of his employment contract before its expiration. There were competing versions of why the plaintiff was fired presented at trial, with the plaintiff claiming he was loyal and the defendant claiming disloyalty. The trial court found in favor of the plaintiff. On appeal, the appellate court could not say the trial court's factual findings were clearly erroneous, as the case came down to credibility determinations of witnesses who testified. Therefore, the appellate court affirmed the judgment in favor of the plaintiff.

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    Filed: 1954-01-20 Precedential Status: Precedential Citations: 209 F.2d 566 Docket: 11163

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    The plaintiff sued his former employer for wrongful termination of his employment contract before its expiration. There were competing versions of why the plaintiff was fired presented at trial, with the plaintiff claiming he was loyal and the defendant claiming disloyalty. The trial court found in favor of the plaintiff. On appeal, the appellate court could not say the trial court's factual findings were clearly erroneous, as the case came down to credibility determinations of witnesses who testified. Therefore, the appellate court affirmed the judgment in favor of the plaintiff.

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    3 views1 page

    Sawyer v. E. F. Drew & Co., Inc, 209 F.2d 566, 3rd Cir. (1954)

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    The plaintiff sued his former employer for wrongful termination of his employment contract before its expiration. There were competing versions of why the plaintiff was fired presented at trial, with the plaintiff claiming he was loyal and the defendant claiming disloyalty. The trial court found in favor of the plaintiff. On appeal, the appellate court could not say the trial court's factual findings were clearly erroneous, as the case came down to credibility determinations of witnesses who testified. Therefore, the appellate court affirmed the judgment in favor of the plaintiff.

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    of 1

    209 F.

    2d 566

    SAWYER,
    v.
    E. F. DREW & CO., Inc.
    No. 11163.

    United States Court of Appeals


    Third Circuit.
    Argued Jan. 7, 1954.
    Decided Jan. 20, 1954.

    James D. Carpenter, Jersey City, N.J. (McGlynn, Weintraub & Stein, and
    Edward R. McGlynn, Newark, N.J., on the brief), for appellant.
    Raymond W. Troy, Newark, N.J. (Lum, Fairlie & Foster, Chester W.
    Fairlie and David M. Satz, Jr., Newark, N.J., on the brief), for appellee.
    PER CURIAM.

    This appeal is from a judgment for the plaintiff, who sued for damages for
    alleged wrongful discharge from the defendant's employ. Plaintiff was
    employed by the defendant upon a contract running for a term of years and was
    discharged prior to the termination of the contract because of a claim of
    disloyalty to his employer. There is no disputed rule of law in the case. The
    only questions involved are those of fact; was the version of the affair given by
    the plaintiff to be accepted or was that of the defendant? There was sharp
    conflict in the testimony. The court to whom the case was tried reached
    conclusions of fact as he was required to do. We cannot say that the findings
    were clearly erroneous under rule 52(a), Fed. Rules Civ. Proc. 28 U.S.C.A.
    Indeed, this is the kind of a case peculiarly apt for the rule because the problem
    involved in determining the facts was one of credibility of those who appeared
    before the trier thereof.

    The judgment of the district court will be affirmed.

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