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MALONE v. VOGES MANUFACTURING COMPANY, INC.

No. 7, Docket 25483.

271 F.2d 230 (1959)

James K. MALONE, Appellee, v. VOGES MANUFACTURING COMPANY, Inc., Appellant,

United States Court of Appeals Second Circuit.

Decided November 4, 1959.

Attorney(s) appearing for the Case

Jacob F. Gottesman, New York City (Joseph Jaspan, Brooklyn, on the brief), for appellant.

Jay F. Gordon, New York City (Harte, Natanson & Gordon, New York City, on the brief), for appellee.

Before LUMBARD, WATERMAN and FRIENDLY, Circuit Judges.

LUMBARD, Circuit Judge.

The Voges Manufacturing Company, Inc. appeals from a judgment of the district court in favor of James K. Malone for $11,254.58 earned as commissions. Malone cross-appeals for $5,000 disallowed him. The district court allowed Malone's commission claims for $16,254.58, but reduced it by $5,000, the amount paid Malone by the receiver of the company for services rendered after commencement of the receivership. We affirm the allowance of the claim...

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