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EASTERN MEM. CON., INC. v. GRACELAWN MEM. PARK, INC.

364 A.2d 821 (1976)

EASTERN MEMORIAL CONSULTANTS, INC., a Delaware Corporation, Defendant below, Appellant, v. GRACELAWN MEMORIAL PARK, INC., a Delaware Corporation, Defendant and Cross-Claimant below, Appellee. William RICHARDS et al., Plaintiffs below, Appellants, v. GRACELAWN MEMORIAL PARK, INC., and Eastern Memorial Consultants, Inc., both Delaware Corporations, Defendants below, Appellees.

Supreme Court of Delaware.

Decided August 10, 1976.

Attorney(s) appearing for the Case

Richard L. Sutton and Walter L. Pepperman, II, of Morris, Nichols, Arsht & Tunnell, Wilmington, for Eastern Memorial Consultants, Inc., defendant below.

Jack B. Jacobs and Richard A. Zappa, of Young, Conaway, Stargatt & Taylor, Wilmington, for Gracelawn Memorial Park, Inc., defendant below.

Rodman Ward, Jr., of Prickett, Ward, Burt & Sanders, Wilmington, for individual plaintiffs below.

Before HERRMANN, Chief Justice, and DUFFY and McNEILLY, Justices.

McNEILLY, Justice:

In this action by plaintiffs to recover portions of their sales commissions which, they complain, were wrongfully withheld by Gracelawn Memorial Park, Inc. and/or Eastern Memorial Consultants, Inc., plaintiffs appeal from the Superior Court's order granting Gracelawn's motion for summary judgment.

Eastern appeals the order of summary judgment for Gracelawn on its cross-claim against Eastern to recover...

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