TUTTLE, Circuit Judge.
This is a suit for fraud and deceit brought by appellant against appellees. The allegations of fraud are: that to induce appellant to become general manager of a store to be stocked with shoes of appellees' manufacture, appellees assured him he would be permitted to stock three "quality" lines of appellees' shoes, whereas appellees did not intend to permit him to do so and they did not do so, thus wilfully misleading him to his damage.
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