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PHILLIPS & BENJAMIN CO. v. RATNER

No. 284, Docket 22737.

206 F.2d 372 (1953)

PHILLIPS & BENJAMIN CO., Inc. v. RATNER et al.

United States Court of Appeals Second Circuit.

Decided August 7, 1953.

Attorney(s) appearing for the Case

Adolph Lund, New York City (Klein & Weir, William Klein, and Milton R. Weir, New York City, and Sidney R. Zatz, Chicago, Ill., on the brief), for defendants-appellants.

Arthur H. Goldberg, New York City (Port, Samet & Goldberg and Charles S. Port, all of New York City, on the brief), for plaintiff-appellee.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This appeal, in its major aspects, is from a judgment entered upon a jury verdict awarding plaintiff, The Phillips & Benjamin Co., $38,900.35 for commissions claimed to be due it under a sales agency agreement with one of the defendants, Lee Ratner, doing business as Junex Products, together with interest of $1,633.81 and costs of $262.20. Suit was originally commenced in the New York State Supreme Court and was removed to the court below...

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