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ELLIS v. AMERICAN BIOMEDICAL CORPORATION

No. 72-1002 Summary Calendar.

464 F.2d 531 (1972)

Rufus ELLIS, Plaintiff-Appellant, v. AMERICAN BIOMEDICAL CORPORATION, a Texas corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 21, 1972.

Attorney(s) appearing for the Case

Hugh M. Davenport, Harold B. Haimowitz, Jacksonville, Fla., and Greene, Greene, Smith & Davenport, Jacksonville, Fla., for plaintiff-appellant.

John J. Hines, Steven A. Werber, Jacksonville, Fla., William Woodburn, Dallas, Tex., Smith, Hulsey, Schwalbe, Spraker & Nichols, Jacksonville, Fla., for defendant-appellee.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.

PER CURIAM:

Plaintiff, Rufus Ellis, sued defendant, American Biomedical Corporation, for commissions due under an employment contract. The agreement gave plaintiff exclusive territory in Alabama, Georgia, and Florida in which to sell and promote defendant's services. Defendant is in the business of providing a reference laboratory for physicians and hospitals on a mail order basis. Samples are mailed to defendant's labs and tested in highly technical and advanced...

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