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COMMUNITY COUNSELLING SERVICE, INC. v. REILLY

No. 8683.

317 F.2d 239 (1963)

COMMUNITY COUNSELLING SERVICE, INCORPORATED, Appellant, v. Robert Benedict REILLY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 1, 1963.

Attorney(s) appearing for the Case

Walter J. Bonner, Washington, D. C. (Michael F. X. Dolan, Washington, D. C., and Albert H. Buschmann, Jamaica, N. Y., of counsel, on brief), for appellant.

Raymond W. Bergan, Washington, D. C. (Edward Bennett Williams, Williams & Stein, and Harold Ungar, Washington, D. C., on brief), for appellee.

Before SOPER, HAYNSWORTH and J. SPENCER BELL, Circuit Judges.

HAYNSWORTH, Circuit Judge.

Community Counselling Service, Inc. sought an accounting from a former salesman-employee based upon allegations of disloyal promotion of his conflicting interests prior to the termination of his employment. The defendant, Reilly, filed a counterclaim seeking the recovery of salary and commission payments which the employer had withheld as an offset against its claim.

Tried by the Court without a jury, the Court declined to consider...

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