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RUBINGER v. INTERNATIONAL TELEPHONE & TELEGRAPH CORP.

Nos. 13, 14, Dockets 27205, 27234.

310 F.2d 552 (1962)

David H. RUBINGER and William R. McAllister, Plaintiffs-Appellants, v. INTERNATIONAL TELEPHONE AND TELEGRAPH CORPORATION, Defendant-Appellee. David H. RUBINGER and William R. McAllister, Plaintiffs-Appellees, v. INTERNATIONAL TELEPHONE AND TELEGRAPH CORPORATION, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 27, 1962.

Attorney(s) appearing for the Case

William R. White, New York City (David C. Broderick, William H. Coogan, Julian A. Ronan, E. Allan Farnsworth, Lawrence P. King, Sullivan, Donovan, Hanrahan, McGovern & Lane, New York City, N. Y., on the brief), for plaintiffs.

Jules E. Yarnell, New York City (Ernest S. Meyers, Laporte & Meyers, New York City. on the brief), for defendants.

Before LUMBARD, Chief Judge, and MOORE and HAYS, Circuit Judges.

LUMBARD, Chief Judge.

This is an appeal from a judgment of the United States District Court for the Southern District of New York, 193 F.Supp. 711 (1961), entered in two actions consolidated below. In No. 27205, the plaintiffs appeal from the dismissal of their complaint. In No. 27234, the defendants appeal from an award to plaintiffs in the amount of certain commissions claimed to be due them under an agreement between the parties...

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