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FULENWIDER v. WHEELER

No. 17147.

262 F.2d 97 (1958)

Hal FULENWIDER, Jr., and Marion Fulenwider, individually and as co-partners d/b/a Easy Glitter Wax Co., Appellants, v. Elmer WHEELER, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 5, 1959.

Attorney(s) appearing for the Case

Richard F. Ralph, Walter Humkey, Fowler, White, Gillen, Yancey & Humkey, Miami, Fla., of counsel, for appellants.

Don G. Nicholson, Miami, Fla., Sinclair & Nicholson, Miami, Fla., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and CAMERON and BROWN, Circuit Judges.

HUTCHESON, Chief Judge.

Appellants Fulenwider appeal from a judgment for $25,000, rendered upon jury verdict by the court below in favor of appellee Wheeler for breach of a contract of employment for one year beginning February 1, 1955. The contract called for the payment of $50,000, and appellants had paid appellee $10,908. Appellants raised questions concerning whether appellee was properly performing his contract and, on August 24th, directed a lengthy letter to...

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