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USAchem, INC. v. GOLDSTEIN

No. 187, Dockets 74-1201, 74-1223.

512 F.2d 163 (1975)

USAchem, INC., Plaintiff-Appellant, v. Howard A. GOLDSTEIN and Howard A. Goldstein d/b/a Goldseal Associates, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 14, 1975.

Attorney(s) appearing for the Case

Douglas S. Gates, Rochester, N. Y. (Harris, Beach & Wilcox, Rochester, N. Y., Henry W. Williams, Jr., Rochester, N. Y., of counsel), for plaintiff-appellant.

Warren Rosenbaum, Rochester, N. Y. (Shapiro & Rosenbaum, Rochester, N. Y., on the brief), for defendant-appellee.

Before MEDINA, MANSFIELD and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

Unfortunately for the parties and the federal courts, Howard A. Goldstein and National Chemsearch Corp. of New York entered into a contract on April 19, 1963 whereby Goldstein became employed as a salesman of what the company somewhat elegantly describes as "chemical specialties" and what Goldstein more realistically refers to as "janitorial supplies." Chemsearch was thereafter totally acquired by...

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