Citations

Full opinion text

REGISTER, Chief Judge.

This is an action brought by plaintiff, .a former employee of the defendant, (based on an alleged wrongful discharge •of the plaintiff by defendant in violation •of the governing collective bargaining .agreement. Plaintiff, in his original ■complaint, demands judgment in the alternative for either (1) reinstatement in •employment with defendant and for back pay from May 5, 1953, or (2) damages in the amount of $28,300 for such unlawful discharge.

The case first came before this Court •on defendant’s motion for summary judgment. During oral argument on .such motion in open court, plaintiff expressed a desire and intent to amend his -complaint limiting his action to one for money damages for alleged wrongful discharge; since such argument, plaintiff has filed his Motion for Leave to File Amended Complaint, to which motion is attached a copy of his proposed Amended Complaint. Such proposed Amended •Complaint is in accordance with the expressed intent of counsel aforesaid.

Both motions are now before the