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McDOWALL v. ORR FELT & BLANKET CO.

No. 9739.

146 F.2d 136 (1944)

McDOWALL v. ORR FELT & BLANKET CO.

Circuit Court of Appeals, Sixth Circuit.

November 27, 1944.

Attorney(s) appearing for the Case

H. J. Goldberger, of Chicago, Ill., for appellant.

Robert K. Landis, of Dayton, Ohio (Landis, Ferguson, Bieser & Greer and Robert K. Landis, all of Dayton, Ohio, on the brief), for appellee.

Before SIMONS, MARTIN, and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

Appellant filed suit against appellee Orr Felt & Blanket Company for damages arising out of breach of four alleged contracts. Appellant claimed that by the terms thereof, he was to be paid a commission on all of appellee's merchandise sold in certain allotted territory, whether the sales were made by him or by the company, or others representing the company. Appellee filed answer, setting forth that the complaint "failed to state a claim...

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