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SPENCER v. GENERAL ELECTRIC COMPANY

No. 15624.

243 F.2d 934 (1957)

Francis E. SPENCER, doing business as Spencer Electric Renewal Parts, Appellant, v. GENERAL ELECTRIC COMPANY, formerly General Electric Distributing Corporation, formerly General Electric Supply Company, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied May 31, 1957.

Attorney(s) appearing for the Case

Kaer P. Vanice, II, and O. C. Phillips, Kansas City, Mo. (Edwin Earnshaw and Kirchner & Vanice, Kansas City, Mo., on the brief), for appellant.

John C. Thurlo, Kansas City, Mo. (Roy P. Swanson and Blackmar, Swanson, Midgley, Jones & Eager, Kansas City, Mo., on the brief), for appellee.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

Appellant sought to recover from appellee, on a written contract, a balance of commissions alleged to be due him as a field salesman, for the period from January 1, 1951, to March 1, 1952.1 The court, on a jury-waived trial, denied recovery, and he has appealed.

The suit is one resting on diversity jurisdiction and controlled by Missouri law.

Appellee operated a wholesale electric-supply business...

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