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SAFEWAY STORES v. WILCOX

No. 5011.

220 F.2d 661 (1955)

SAFEWAY STORES, Incorporated, Appellant, v. Herbert WILCOX, Appellee.

United States Court of Appeals, Tenth Circuit.

March 10, 1955.

Attorney(s) appearing for the Case

John B. Tittmann (of Keleher & McLeod and John B. Tittmann), Albuquerque, New Mexico, for appellant.

Joseph A. Sommer (of McKenna & Sommer), Santa Fe, New Mexico, for appellee.

Before BRATTON, MURRAH and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

Safeway Stores, Inc., brought this action to recover $29,000 which it had paid to Herbert Wilcox, the defendant, as the balance of an amount agreed to be paid when the employment of Wilcox by Safeway was terminated. The defendant filed a motion for summary judgment, which was supported by the defendant's affidavit and correspondence between the parties relating to the severance. There was also attached...

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