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ORR v. FIREMAN'S FUND INS. CO.

No. 132.

62 F.2d 516 (1933)

ORR v. FIREMAN'S FUND INS. CO.

Circuit Court of Appeals, Second Circuit.

January 9, 1933.

Attorney(s) appearing for the Case

Robert H. Elder, of New York City, for appellant.

Bigham, Englar, Jones & Houston, of New York City (D. Roger Englar and Oscar R. Houston, both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

The defendant insurance company is a California corporation for which the firm of F. Herrmann & Co. acted as managers within a specified territory from July 1, 1910, to April 10, 1917, under a written contract which provided that the managers should receive a 10 per cent. commission upon the profits of the business. The plaintiff sues as a surviving partner to recover the firm's share of some $125,000 which the insurance company recovered...

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