Results tagged ‘ starting pitcher ’
Yankee fans will never forget the hype that surrounded the $12.8 million signing of this huge and mysterious right-hander from Hyogo, Japan. When he won his first major league start impressively, many of us were convinced he was the chosen one. When I saw him for the first time, I remember being surprised by the size of his head and I also remember thinking that if Babe Ruth came back to life as a Japanese male, he’d look like Irabu.
In any event, Hideki did not fulfill the huge expectations of Yankee fans or the Yankee brass. After three OK seasons in the Bronx, which included Steinbrenner’s infamous “fat toad” insult incident, the Yankees sent Irabu to Montreal for Ted Lilly.
If right now someone told Yankee fans that Phil Hughes would finish the current season with a 13-9 record, most of us, including Joe Girardi and the Yankee front office would be extremely pleased. That was Irabu’s record in 1998, his first full season with the team. I know I would also be thrilled if Andy Pettitte rejoins the Yankees this month and ends up going 11-7 during the rest of the 2012 season. That was Irabu’s record during his second and final full year as a Yankee starter.
On July 28, 2011, Hideki Irabu was found dead in his Los Angeles home. He was 42 years-old. Initial reports indicated LA police were treating it as a suicide. Irabu’s wife had recently separated from him and taken the couple’s two young children with her. Former Met Manager, Bobby Valentine, who managed Irabu for one season in Japan, indicated that Irabu liked to drink beer and was at times “his own worst enemy.” The Japanese culture has traditionally treated suicide as an honorable way to die. As a Japanese friend of Irabu told reporters covering his death, “He decided to go to heaven.” I hope he got there. Rest in peace Hideki.
Irabu shares his 5th birthday with this one time roommate of the M&M Boys.
|NYY (3 yrs)||29||20||.592||4.80||74||64||2||4||2||0||395.2||397||224||211||68||142||1||315||1.362|
|MON (2 yrs)||2||7||.222||6.69||14||14||0||0||0||0||71.1||99||54||53||12||17||0||60||1.626|
|TEX (1 yr)||3||8||.273||5.74||38||2||26||0||0||16||47.0||51||30||30||11||16||2||30||1.426|
The American League was established in 1901 with no member franchise based in New York. Back then, the team that would eventually become the New York Yankees was named the Orioles and they were located in Baltimore. The legendary John McGraw was Manager of that 1901 Orioles team and he skippered it to a 67-65 fifth place finish in the AL’s inaugural season. Like Joe Girardi with today’s Yankees, McGraw was having trouble putting together an effective starting rotation. When the Boston franchise released 38 year-old southpaw Frank Foreman, “Little Napoleon” signed him and put him in the Baltimore rotation.
Nicknamed “Monkey,” Foreman had actually pitched for the Orioles in Baltimore a dozen seasons earlier when the franchise was a member of the old American Association League. He threw an almost unbelievable 414 innings for the Birds during that 1889 season and finished the year with a 23-21 record. He would make his return to the city memorable by finishing 12-6 for McGraw, to lead the 1901 team in winning percentage. He was brought back by McGraw to pitch for the Orioles in ’02 but his 39-year-old left arm had nothing left and he was released after losing his first two starts.
Foreman would remain in the game as a big league scout and is credited with finding and signing the hall-of-fame pitcher, Eddie Plank. Foreman shares his May 1 birthday with another Yankee who pitched for the same franchise 101 seasons later.
|BLA (2 yrs)||12||8||.600||3.86||26||24||2||20||1||1||207.2||253||138||89||2||64||43||1.526|
Marv Breuer thought he had blown his chance to get signed by the Yankees. He was pitching for an unaffiliated D-level team in Rogers, Arkansas in 1934 and Yankee scout Johnny Nee was in the stands for one of the right-hander’s starts. Breuer not only lost the game 7-0, his team was no-hit by the opposing team’s pitcher. At dinner that night, a disappointed Breuer figured it would be the pitcher he faced that day who would be getting a visit from Nee. But when he looked up from his plate, Nee was standing there ready to offer him a Yankee contract. A disbelieving Breuer thought the scout had made a mistake and reminded his unexpected visitor it was the other guy who had thrown the no-hitter. Nee told him “You’ll be pitching in the American League when everyone has forgotten about that no-hitter.”
So Breuer signed on with the Yanks and spent the next six years trying to climb up the crowded ladder of baseball’s best farm system and there were plenty of missteps along the way. His first breakout year came with Binghamton in 1936, when he went 18-9 in the A-level NY-Penn League. But when he was promoted to double A, the following season, his record plummeted to 5-19 and the Rolla, Missouri native gave serious thought to quitting the game.
It was the midst of the Great Depression and Breuer had earned a degree in civil engineering after graduating from high school. Every off-season, he was hired to do engineering work. But he stuck with pitching and when he went 17-9 for the Yank’s, Kansas City Blues farm team in 1939, Joe McCarthy brought him to spring training and announced he would open the 1940 season as a member of the Yankees’ starting rotation.
Now remember, that Yankee team Breuer was joining had won four consecutive World Championships and the pitching staff on their 1939 club boasted seven guys with at least 10 winning decisions. But Lefty Gomez was faltering badly, Red Ruffing was getting old and Spud Chandler was hurting. McCarthy found himself forced to revamp one of the deepest mound staff’s in the history of the game.
It looked as if Breuer was certainly one of the answers as the 1940 regular season got under way. The 26-year-old rookie pitched well and the Yankees won 9 of his first 13 starts. But the tide turned in late July and Breuer started getting hammered. By the end of his first full season in New York, his record was a disappointing 8-9 and his ERA in the mid-four’s and the Yankees finished in second place.
He pitched better in 1941, putting together what would be his only winning season for New York, finishing 9-7 and lowering his ERA by half a run. He then turned in his most memorable moment in pinstripes during Game 4 of that year’s World Series against Brooklyn. McCarthy called on him to relieve starter Atley Donald in the fifth inning with the Yankees trailing Brooklyn, 4-3. He pitched three scoreless innings and New York came back to win the game.
He would spend two more years with the team but when it became clear he would never become the 20-game winner the Yankees thought he would, the pitcher nicknamed “Baby Face” quit the game for good and became a civil engineer for the US Geological Survey for the next 31 years. He passed away in 1991 at the age of 76.
|162 Game Avg.||12||12||.490||4.03||40||28||7||11||0||1||226||227||115||101||19||72||105||1.323|
If you were a bullpen pitcher for the New York Yankees after Game 2 of the 1956 World Series win over the Brooklyn Dodgers, you might have qualified for unemployment checks. Why? Because beginning with Game 3, New York starting pitchers; Whitey Ford, Tom Sturdivant, Don Larsen, Bob Turley and Johnny Kucks became the first and only pitchers in history to toss five consecutive complete games in a Fall Classic.
Sturdivant’s turn came in the fourth game, which he won 6-2. That would be the only postseason decision in the decade-long big league career of this right-hander, who was born in Kansas, on April 28, 1930 and then raised in Oklahoma. The Yankees originally signed him out of high school as an infielder but he didn’t hit well in the minors. When he came back to the organization after serving a year in the military, Sturdivant was switched to pitching. He could throw hard and he developed a signature slithering curve ball that eventually earned him the nickname “Snake.” The Yankees called him up for the first time in 1955 and pitched him pretty much exclusively out of the bullpen. In ’56, Casey Stengel began starting him and he did well enough to become a regular part of that year’s Yankee rotation, winning 16 games. He duplicated that win total in 1957, and his .727 winning percentage that season led the AL. Sturdivant was also one of the league’s best hitting pitchers in the days before the DH took hold. In 1956, this guy hit .313. Stengel absolutely loved him but according to my research could either never remember or pronounce his last name so the Ol Perfessor just took to calling Sturdivant, “Number 47.”
The winning didn’t last long. In 1957 he tore his rotator cuff and although he claimed his arm recovered completely, Sturdivant spent the final six seasons of his career struggling on the mound for six different big league teams. He never came close to being the pitcher he was during those two great years he had for the Yankees.
This former Yankee reliever also celebrates a birthday today.
|NYY (5 yrs)||36||25||.590||3.19||115||59||26||13||4||5||524.1||449||205||186||45||221||333||1.278|
|PIT (3 yrs)||14||7||.667||3.49||65||23||16||8||2||3||219.1||209||97||85||19||60||127||1.226|
|KCA (3 yrs)||3||8||.273||4.42||56||6||20||0||0||5||128.1||121||73||63||12||52||84||1.348|
|NYM (1 yr)||0||0||5.97||16||0||5||0||0||1||28.2||34||20||19||2||7||18||1.430|
|BOS (1 yr)||3||3||.500||4.97||40||3||14||0||0||1||101.1||106||58||56||16||45||67||1.490|
|WSA (1 yr)||2||6||.250||4.61||15||10||3||1||1||0||80.0||67||42||41||6||40||39||1.338|
|DET (1 yr)||1||2||.333||3.76||28||0||15||0||0||2||55.0||43||26||23||7||24||36||1.218|
He was known as “Hackensack Harry,” a tribute to the New Jersey based New York City suburb in which he was born. This guy did something voluntarily you’d never see a ballplayer do today. He walked away from his job as a Yankee starting pitcher to manage his own company.
Harry Harper was a tall, skinny southpaw pitcher who was signed right out of high school by the Washington Senators and rushed directly to the big leagues at the age of 18. He remained a Senator for the first seven seasons of his career, joining the team’s starting rotation in 1916. That was probably his best year as a player, as he compiled a 14-10 record with a 2.45 ERA. Unfortunately for Harper, he pitched for Washington during a period the franchise fell into decline and during his final season with the team, his horrible record of 6-21 and his respectable ERA of 3.72 reflected just how far the Senators had fallen.
He was then traded to Boston, a year after the Red Sox sold Babe Ruth to the Yankees and he went 5-14 but again managed a respectable 3.05 ERA. That’s when he got his big break. Ten days before Christmas in 1920, the Yankees and Red Sox concluded an eight-player deal that sent Harper, Waite Hoyt, Wally Schang and Mike McNally to New York and Del Pratt, Muddy Ruel, Sammy Vick and Hank Thormahlen to Beantown.
One of the interesting things about Harper’s baseball career was that he was religious enough to negotiate a clause in his contract that prevented him from pitching on Sundays. When he came to New York, he became the Yankees only left-handed pitcher with the exception of Babe Ruth, who had been converted by then into pretty much a full-time outfielder. Yankee skipper, Miller Huggins did not give Harper his first Yankee start until May 13th of that ’21 season against the Tigers and the pitcher was sharp enough to get the win, but it was a costly one. In the sixth inning of that game he tried to barehand a line drive and he broke the thumb on his pitching hand. He didn’t get back into the rotation until September and he split his last six decisions, as the Yankees captured the franchises first-ever AL Pennant.
Then in the World Series that followed, with the Yankees holding a 3-games to 2 edge over the cross town Giants, Huggins decided to start Harper in Game 6. He didn’t make it out of the second inning, surrendering three earned runs and the Yankees lost the game and then went on to lose the Series.
As disappointing as his only Series appearance was to both Harper and Huggins, it had no bearing on the pitcher’s absence from the Yankee roster the following spring. It seems that Hackensack Harry was quite the entrepreneur when he wasn’t playing baseball. He and his brother had started a trucking business in their home town and they had won a bid to provide trucking services for the construction of the Holland Tunnel. In February of 1922 he requested a leave of absence from his baseball responsibilities so he could pay full attention to the Tunnel project. He later started a self service supermarket and successful fuel and beverage companies in his native Garden State. Harper also got involved in politics. In 1927, he was elected Sheriff of Bergen County. He then accepted appointments as New Jersey’s Civil Service and Labor Commissioner. In 1948, he lost a bid to become the republican nominee in an election for one of New Jersey’s two seats in the US Senate.
|WSH (7 yrs)||48||58||.453||2.75||183||141||26||51||11||5||1037.0||877||429||317||12||488||526||36||1.316|
|BRO (1 yr)||0||1||.000||14.73||1||1||0||0||0||0||3.2||8||6||6||2||3||4||0||3.000|
|NYY (1 yr)||4||3||.571||3.76||8||7||1||4||0||0||52.2||52||23||22||3||25||22||2||1.462|
|BOS (1 yr)||5||14||.263||3.04||27||22||0||11||1||0||162.2||163||73||55||9||66||71||2||1.408|
At the time of the trade, it was considered one of the biggest in Yankee franchise history. Pitcher Ernie Shore and outfielder Duffy Lewis had been perennial stars on the great pre WWI Boston Red Sox teams. Both, however, had joined the Navy in 1918 and missed an entire season. Before they returned from service in 1919, the duo had been traded to New York along with another very good veteran Boston pitcher named Dutch Leonard in exchange for four players and $15,000. After the deal was made, Yankee skipper Miller Huggins was thrilled and told members of the press that the trade filled the two biggest weaknesses the Yankees had on their roster and he expected the team would be in the thick of the 1919 AL Pennant race as a result of this deal.
Duffy Lewis was a native of San Francisco who cut his baseball teeth in the Pacific Coast League. His real name was George and he had made his big league debut with Boston in 1910, when he joined Tris Speaker and Harry Hopper to form one of the great outfields in Red Sox franchise history. The trio helped Boston win World Series in 1912, ’15 and ’16 and Lewis added lots of luster to his reputation as a clutch hitter when he averaged .444 against the Phillies in the 1915 Fall Classic and .353 the following fall against Brooklyn.
In actuality, Lewis was pretty much a singles hitter who was blessed to be part of one of baseball’s all-time best lineups. As it turned out Huggins’ high hopes for both Lewis and Shore (Leonard was sold to the Tigers before he pitched a game as a Yankee) proved to be unfounded. Shore caught the mumps during his first New York spring training camp and would never amount to much of anything in pinstripes. Duffy started in left field for New York in 1919 and averaged just .272, which was 17 points below his career average with Boston. He did drive in 89 run but he was overly aggressive at the plate for a guy with little power and not a good base-runner.
A little over a year after the big trade Huggins pulled a perfect “if at first you don’t succeed try again” maneuver by convincing the Yankee owner Jake Ruppert to go back to Boston owner Harry Frazee and pay him whatever it takes to purchase Babe Ruth’s contract. The “Big Bang” then joined Lewis and Ping Bodie to form the starting outfield for a 1920 Yankee team that won 95 games, which was only good enough for a third place finish in the 1920 AL Pennant race. Lewis, however, had seen his playing time decrease during his second season in New York thanks to the emergence of a Yankee rookie outfielder by the name of Bob Meusel.
The Yanks would finally make it to their first World Series in 1921 and they got there without Lewis, who had been traded to Washington the previous December. He was out of the big leagues for good the following year but he did not hang up his spikes. Instead he returned to the Pacific Coast League, where he continued playing another six years, finally retiring as a player at the age of 39. Duffy would eventually become the long-time traveling secretary of the Boston Braves.
He shares his birthday with this former Yankee starting pitcher and also this “house,” which was built by his former teammate.
|BOS (8 yrs)||1184||4884||4325||500||1248||254||62||27||629||102||57||303||465||.289||.340||.395||.735|
|NYY (2 yrs)||248||1005||924||101||251||31||5||11||150||10||8||41||74||.272||.304||.352||.656|
|WSH (1 yr)||27||114||102||11||19||4||1||0||14||1||1||8||10||.186||.252||.245||.497|
His real name was James Leslie Vaughn. He was born in Texas, the son of a stone mason and after playing ball for his high school team, he began a career as a minor league pitcher in 1906. The New York Highlanders took notice of him after he went 9-1 for a club in the Arkansas State League and signed Vaughn to a contract. He made his big league debut in June of 1908 as a reliever but after just two appearances he was sent back down to the minors for more seasoning.
He reappeared at the Highlander spring training camp in 1910 and pitched so well there that not only did he go north with the team, he was also given the Opening Day starting assignment. At just 22 years of age, he was and still is the youngest Opening Day starter in Yankee franchise history. In that game, he faced off against the Red Sox Eddie Cicotte in New York’s Hilltop Park and battled the Beantown knuckleballer to a 4-4 tie after 14 innings, when the contest was called because of darkness. Vaughn would go on to pitch brilliantly for Manager George Stallings ball club, finishing his rookie season with a 13-9 record and a sterling ERA of just 1.83. It looked as if the big young southpaw was on his way to an outstanding career and he in fact was. The unfortunate thing was that the best part of that career would not take place in New York.
Vaughn’s Hilltopper team was in complete disarray. Its star player, first baseman Hal Chase had been accused of throwing games by George Stallings, the team’s manager. The team’s owner sided with his accused first baseman, fired Stallings and made Chase the new skipper. Under Stallings, the team had finished in second place in 1910 with an 88-63 record. They fell to sixth place the following year under Chase and Vaughn finished the 1911 season with a disappointing 8-10 record. Chase was fired but that move did nothing to prevent Vaughn from getting off to a horrible start in his third full season in New York. His record was just 2-8 and he had been relegated to the bullpen, when New York put him on waivers in June of the 1912 season. He was claimed by Washington.
He pitched OK for the Senators but still got sold to the minor league Kansas City Blues and the demotion seemed to help Vaughn recover his mound mojo. The Chicago Cubs purchased his contract from the Blues in June of the 1913 season and for five of the next six years, Vaughn was a 20-game winner for the Cubbies and became the top left-handed pitcher in the National League. If the Yanks had kept Vaughn long enough, his pitching may have helped them win their first AL Pennant a few years before they actually did and Vaughn would have certainly had a happier ending to his big league career.
Vaughn ran into two big problems while pitching in the Windy City. The first was his weight. Always heavy, which is how the nickname Hippo originated, by some accounts the six foot four inch Vaughn ballooned up to 300 pounds during the latter part of his career. His second problem arose when Chicago made their volatile infielder, Johnny Evers the team’s player manager at the beginning of the 1921 season. Imagine Joe Girardi telling the press that CC Sabathia was too fat and too lazy to keep winning in the big leagues? That’s what Evers was saying about Hippo, when Vaughn got off to a horrid start during the 1921 season, going just 3-11. After a disastrous appearance against the Giants that July, Evers pulled Hippo in the third inning and the dejected pitcher didn’t just leave the field, he got dressed and jumped the team. The Cubs then suspended him and Vaughn would never again pitch in a big league game. He finished his thirteen year Major League career with a 178-137 record, a lifetime ERA of just 2.49 and 41 shutouts.
From the moment I started following my Yankees as a six-year-old in 1960 right up until the team’s fifth place finish in the AL Pennant race in 1965, I loved Major League Baseball’s Reserve Clause. It is what had permitted the Yankee’s skillful and ruthless front office to firmly imprison the best baseball talent in America in Pinstripes until they could no longer run, hit, field, or throw or at least until they could be traded for someone who could do these things a bit better.
But after 1966, my stance on the sanctity of this oppressive piece of contract language began to soften. Overnight, the Yankees’ glamorous galaxy of star players seemed to grow old. Compounding the problem was that CBS, the team’s new owner, stopped investing in the Yankee farm system and that thriftiness, combined with the impact of the newly introduced MLB Amateur Draft, caused New York’s cupboard of bonafide home grown prospects to quickly grow bare. Also coming back to bite the team in the rear end was the tendency of the Yankee front office to avoid signing black prospects all throughout the late forties and fifties.
So by the late sixties I was one of the biggest advocates of testing baseball’s reserve clause in the courts and when George Steinbrenner took control of my favorite team, I was actively rooting for Curt Flood’s legal victory.
The New York Yankee’s first signing in Baseball’s new free agent era took place on the very last day of 1974. At the time, Jim Catfish Hunter was the American League’s premier starter. He had just completed a string of four consecutive 20-victory seasons for Oakland, the ace pitcher on a team that had won the last three World Series.
Hunter’s best season in pinstripes turned out to be his first, in 1975. He won 23 of his 37 decisions, threw 7 shutouts and compiled a 2.49 ERA. It wasn’t enough to win the Yankees a pennant but that certainly was not Catfish’s fault. He literally pitched his arm off that year, completing 30 games and amassing 328 innings pitched. In fact, during the three seasons of 1974, ’75 and ’76, Hunter threw 944 innings of baseball and the damage caused to his arm by that strain helps explain why he spent much of his last three seasons with New York on the DL.
What many Yankee fans fail to fully appreciate about Hunter was his ability to pitch effectively and be a clubhouse leader on teams that had rosters full of strong player personalities led by eccentric, very vocal owners. Hunter’s experience with Charley Finley’s Oakland A’s prepared him well for the Bronx Zoo and George Steinbrenner. And even though he had just that one twenty-victory season with the Yankees, Catfish showed his Yankee teammates how to focus on winning while on the field and how to survive the glare of a hyperactive media, monitoring a crazy clubhouse.
I will never forget Catfish’s gutty seven-inning performance in Game 6 of the 1978 World Series. That victory clinched a second straight championship for New York and I felt it was Hunter’s finest moment as a Yankee.
Inducted into Cooperstown in 1987, Catfish died of Lou Gehrig’s disease, twelve years later.
Below is my all-time Yankee free agent lineup. Only players who became Yankees’ originally via free agency are eligible. This disqualifies Yankees like Derek Jeter, who became a free agent while he was a Yankee and re-signed with the team. It also disqualifies free agent signers like Andy Pettitte, who was a Yankee, left and then re-signed with NY as a free agent.
The Pinstripe Birthday Blog’s All-Time Yankee Free Agent Line-Up
1B Mark Teixeira
2B Steve Sax
3B Wade Boggs
SS Tony Fernandez
C Russ Martin/Butch Wynegar
OF Reggie Jackson
OF Dave Winfield
OF Hideki Matsui
DH Jason Giambi
P CC Sabathia
P Catfish Hunter
P Mike Mussina
P David Wells
CL Goose Gossage
Kenny Clay’s most famous moment in pinstripes was not a positive one. He had started a home game against the Royals in September of 1979 and was quickly staked to a 5-0 lead. By the time Billy Martin pulled him in the third inning, the lead had shrunk to one run and the Yankees ended up losing that contest 9-8. Yankee owner George Steinbrenner was livid after the loss and when reporters asked him what he thought about Clay’s performance, the Boss told them that his once-prized pitching prospect had “spit the bit.”
Just four years earlier, Kenny Clay had been considered a can’t miss future member of the team’s starting rotation. The hard-throwing right-hander had put together a 28-18 record at the Triple A level of the minors but he could never duplicate that success in the big leagues. In three separate trials in the Bronx he was 6-14. After blowing that game in Kansas City and finishing the ’79 season with a horrible 1-7 record, Steinbrenner had seen enough and he traded Clay to Texas for Gaylord Perry during the 1980 season. Old Gaylord went 4-4 for New York the rest of that year while Clay was going 2-3 for the Rangers. Clay’s failure at the big league level gave the Boss even more impetus to turn to free agency and trades instead of his own farm system when the Yankees needed pitching talent.
Turns out that Clay had a bad habit of disappointing his employers. In 1986, he was convicted for stealing $30,000 from Jostens Inc. The company makes class rings for high schools and colleges and had hired Clay as a salesman. He escaped jail by making restitution and doing community service. In 1992 he stole a car from the car dealership he worked for and served hard time for that crime. In 1999 he went back to jail for forgery. Six years later, he forged the sale of a copier in an attempt to obtain a $7,500 commission check and ended up back in the slammer.
Clay is not the only one-time Yankee prospect to be born on April 6th. This first baseman and this Hawaiian-born outfielder both were considered top Yankee prospects in the first decade of the 21st century, but like Clay, neither made much of an impact as a Yankee or as a big leaguer.
Casey Stengel fell in love with Art Ditmar during the 1959 and 1960 regular seasons. The “Ol Perfessor” had good reason to. Ditmar won 13 games in ’59 and then surprised everyone by leading the Yankees back to the World Series in 1960 by going 15-9. But that’s when Casey overplayed his hand with the right-hander. He gave the Winthrop, MA native the start in Game 1 against the Pirates instead of Whitey Ford. Ditmar lasted only an inning and took the loss. By holding Ford out of Game 1, Stengel could only pitch his left-handed ace twice if the series went to seven games and that of course is exactly what happened. Ditmar got hit hard and yanked early again in Game 5 while Ford pitched complete game shutouts in Games 2 and 6. After the Yankees lost the Series on Bill Mazeroski’s historic game-winning home-run, Stengel was fired and Ditmar’s Yankee career was on borrowed time. During his four-plus seasons in pinstripes, Art went 47-32 with a 3.24 ERA and 11 saves.
Ditmar may have been a big goat in the 1960 Series but he went to court years later to prove he wasn’t the only goat. When Mazeroski hit his home run, the announcer, Chuck Thompson, mistakingly said that the Pirate second baseman had hit a pitch from Ditmar instead of the actual pitcher at the time, Ralph Terry. When one of those “taste great – less filling” Miller Beer commercials repeated the same error in the 1980′s, Ditmar attempted to sue for damages, claiming the advertisement held him up to undeserved public ridicule and might be costing him autograph, special appearance and memorabilia revenues. The judge hearing the case threw the suit out of court.