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MASSACHUSETTS BONDING & INS. CO. v. LUNDY

No. 13467.

160 F.2d 680 (1947)

MASSACHUSETTS BONDING & INS. CO. v. LUNDY.

Circuit Court of Appeals, Eighth Circuit.

April 7, 1947.

Attorney(s) appearing for the Case

T. F. Ryan, of Pittsburgh, Pa., and James P. Irish, of Des Moines, Iowa (Frank J. Comfort, Richard F. Mitchell and Joseph H. Bialas, all of Des Moines, Iowa, on the brief), for appellant.

Denis M. Kelleher, of Fort Dodge, Iowa (John D. Kelleher, of Fort Dodge, Iowa, and Lyman R. Lundy, of Eldora, Iowa, on the brief), for appellee.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.

WOODROUGH, Circuit Judge.

Mr. Lundy was the Manager of the Des Moines Branch office of the Massachusetts Bonding and Insurance Company from July 1944 to October 1945, and the company paid him a salary at the rate of five thousand dollars per annum, orally agreed upon at the time of his employment, but it was also mutually orally agreed at that time that he should be allowed a share of ten percent in the underwriting profits of the company on business produced by him...

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