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MERRILL v. NATIONAL CASH REGISTER COMPANY

No. 72-2036.

492 F.2d 1037 (1974)

Robert F. MERRILL, Appellee, v. The NATIONAL CASH REGISTER COMPANY, a Maryland corporation, Appellant.

United States Court of Appeals, Ninth Circuit.

March 4, 1974.

Attorney(s) appearing for the Case

Ralph J. Lester (argued), Phoenix, Ariz., for appellant.

Richard A. Steiner (argued), and George Welch, Jr., of Roush, Mori, Feinstein & Welch, Phoenix, Ariz., for appellee.

Before MERRILL and ELY, Circuit Judges, and ZIRPOLI, District Judge.

OPINION

ELY, Circuit Judge:

Robert Merrill was employed as a senior salesman by the National Cash Register Company (hereinafter "NCR") at its branch office in Phoenix, Arizona. Merrill, contending that NCR was obligated to him for a commission on a certain sale of NCR equipment, brought suit in an Arizona state court. NCR, as authorized by 28 U.S.C. § 1441(a), then removed the action to the District Court.1 The court, sitting...

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