FRENCH v. GIBBS CORPORATION

Nos. 231, 232, Dockets 21968, 21969.

189 F.2d 787 (1951)

FRENCH v. GIBBS CORPORATION. HENRY v. GIBBS CORPORATION.

United States Court of Appeals. Second Circuit.

Decided June 7, 1951.


Attorney(s) appearing for the Case

Gallop, Climenko & Gould, New York City, George Trosk, Jesse Climenko, New York City, of counsel, Martin I. Shlefstein, Brooklyn, N. Y., argued for plaintiffs.

Kirlin, Campbell & Keating, New York City, Louis J. Gusmano, New York City, Edwin S. Murphy, New York City, of counsel for defendant.

Before L. HAND, CHASE and FRANK, Circuit Judges.


L. HAND, Circuit Judge.

These appeals come up from orders vacating the service of the summonses and complaints, and from judgments dismissing the complaints for lack of jurisdiction over the person of the defendant, in two actions, each of which was the same except for a different plaintiff. The complaints alleged that the defendant, a Florida corporation, had made a contract with the plaintiffs by which five per cent of all "gross sales originated or substantially...

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