BYER v. INTERNATIONAL PAPER COMPANY

No. 7131.

314 F.2d 831 (1963)

John W. BYER, Jr., Appellant, v. INTERNATIONAL PAPER COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

March 20, 1963.


Attorney(s) appearing for the Case

Charles Hill Johns, Oklahoma City, Okl. (Smith, Johns & Neuffer, Oklahoma City, Okl., on the brief), for appellant.

Warren E. Slagle, Kansas City, Mo. (Slagle & Bernard, Kansas City, Mo., and Johnston & Johnston, Oklahoma City, Okl., on the brief), for appellee.

Before BRATTON, LEWIS and HILL, Circuit Judges.


HILL, Circuit Judge.

The case presents the question of the right of the appellee, International Paper Company, to recover from appellant, John W. Byer, Jr., a former employee, money received by him from a third party during the existence of the employer-employee relationship.

The facts may be summarized as follows: In 1946, Byer was employed by the Long Bell Lumber Company, as manager of one of its retail lumber yards in Oklahoma. Long Bell later merged with...

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