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NICE BALL BEARING COMPANY v. LESCURE

No. 11426.

227 F.2d 118 (1955)

NICE BALL BEARING COMPANY, Counterdefendant-Appellee, v. M. H. LESCURE, Counterclaimant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied December 9, 1955.

Attorney(s) appearing for the Case

Charles J. O'Laughlin, Thomas P. Sullivan, Chicago, Ill., for appellant. Johnston, Thompson, Raymond & Mayer, Chicago, Ill., of counsel.

Frank F. Fowle, W. McNeil Kennedy, Chicago, Ill., for appellee. Pope & Ballard, Chicago, Ill., of counsel.

Before MAJOR and SWAIM, Circuit Judges, and PLATT, District Judge.

PLATT, District Judge.

This was a counterclaim to recover sales commissions allegedly due under a written contract entered into June 23, 1942 between counterclaimant, M. H. Lescure, and counterdefendant, Nice Ball Bearing Company, hereinafter referred to as Nice. The district court sitting without a jury found the issues for Nice and entered judgment in its favor. Lescure has appealed.

The essential facts are undisputed. Lescure had been the Western District...

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