GEBHARD v. ROYCE ALUMINUM CORPORATION

No. 5855.

296 F.2d 17 (1961)

Paul C. GEBHARD, Plaintiff, Appellant, v. ROYCE ALUMINUM CORPORATION, Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided November 8, 1961.

Rehearing Denied December 15, 1961.


Attorney(s) appearing for the Case

Phillip Cowin, Boston, Mass., with whom Fox, Orlov & Cowin, Boston, Mass., was on brief, for appellant.

Thomas D. Burns, Boston, Mass., with whom William H. Clancy and Burns & Levinson, Boston, Mass., were on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.


ALDRICH, Circuit Judge.

This diversity action by a salesman for commissions contains a saga of alleged overreaching, much of which we need not detail. The question is, who did what, and to whom. The trial court felt that the plaintiff was the significant offender, disagreeing with the jury, and directed a verdict for the defendant under Rule 50(b), Fed.Rules Civ.Proc. 28 U.S.C.A. Plaintiff appeals.

On April 9, 1956...

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