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MAGDOFF v. SAPHIN TELEVISION & APPLIANCE

No. 15628.

228 F.2d 214 (1955)

Solly MAGDOFF, Intervenor and Majestic Major Appliance Corporation, Appellants, v. SAPHIN TELEVISION & APPLIANCE, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

December 21, 1955.

Attorney(s) appearing for the Case

Harold B. Berman, Wm. Madden Hill, Dallas, Tex., for appellants.

J. Manuel Hoppenstein, Dallas, Tex., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RIVES, Circuit Judges.

PER CURIAM.

Appealing from a judgment which, dismissing plaintiff's suit upon defendant's motion, also dismissed intervenor from the suit, intervenor is here insisting that the judgment as to him must be reversed because (1), though permissive and not of right, his intervention was not ancillary1 but independent, and, therefore, survived the dismissal of plaintiff's suit; and (2) it stated a recoverable claim for commissions

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