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HILL v. SHARPLES CORPORATION

No. 327, Docket 24317.

247 F.2d 405 (1957)

George H. HILL, Plaintiff-Appellant, v. The SHARPLES CORPORATION, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided August 8, 1957.

Attorney(s) appearing for the Case

Austrian, Lance & Stewart, New York City (Maurice Rosenberg, Melvin Kraft, New York City, of counsel), for plaintiff-appellant.

Sullivan & Cromwell, New York City (Inzer B. Wyatt, Andrew N. Heine, New York City, of counsel), for defendant-appellee.

Before MEDINA, LUMBARD and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge.

The plaintiff-appellant, George H. Hill, appeals from a judgment in favor of the defendant, The Sharples Corporation, dismissing the plaintiff's complaint after trial before a judge and jury. The complaint contained three counts: first, for contract damages resulting from the failure of the defendant to pay Hill, who had been employed by Sharples, $177,000 in substitution for commissions allegedly earned by Hill in 1942 but retained by

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