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NEWRATH v. SCHWARTZ

No. 16236.

292 F.2d 763 (1961)

Walter D. NEWRATH et al., trading as Corporation Audit Company, Appellants v. Harry W. SCHWARTZ, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 25, 1961.

Attorney(s) appearing for the Case

Mr. Jacob N. Halper, Washington, D. C., with whom Mr. Henry S. Snyder, Washington, D. C., was on the brief, for appellants.

Mr. Martin E. Gerel, Washington, D. C., for appellee. Mr. Lee C. Ashcraft, Washington, D. C., also entered an appearance for appellee.

Before FAHY, WASHINGTON and DANAHER, Circuit Judges.

FAHY, Circuit Judge.

In 1951 plaintiff-appellee entered into an arrangement with defendants-appellants, a partnership doing business as Corporation Audit Company. By the arrangement the plaintiff became either an employee of the partnership with compensation to be measured by a fixed sum and five per cent of certain profits or a partner in the firm to the same or greater extent. The arrangement terminated in 1956. Considering the relationship to have been that of...

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