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GUILD v. C. I. R.

Nos. 528, 1042, Dockets 75-4123, 75-4201.

543 F.2d 425 (1976)

Irwin C. GUILD and Bernice Guild, Appellants-Cross-Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Appellee-Cross-Appellant. JONATHAN LOGAN, INC., Appellee, v. COMMISSIONER OF INTERNAL REVENUE, Appellant.

United States Court of Appeals, Second Circuit.

Decided May 7, 1976.

Attorney(s) appearing for the Case

Elias Rosenzweig, New York City (Brauner, Baron, Rosenzweig & Kligler, New York City, of counsel), for appellants-cross-appellees.

Stephen D. Gardner, New York City (Kronish, Lieb, Shainswit, Weiner & Hellman, New York City, of counsel), for appellee Jonathan Logan, Inc.

George G. Wolf, Atty., Dept. of Justice, Washington, D. C. (Scott P. Crampton, Asst. Atty. Gen., Gilbert E. Andrews, Elmer J. Kelsey, Attys., Tax Div., Dept. of Justice, Washington, D. C., of counsel), for Commissioner of Internal Revenue.

Before FRIENDLY, MANSFIELD and MULLIGAN, Circuit Judges.

PER CURIAM:

Following termination in November 1964 of his employment as a divisional sales manager of Jonathan Logan, Inc. ("Logan"), Irwin C. Guild filed a suit for damages against Logan, claiming breach of his employment agreement and of a separate stock option agreement. The option agreement granted him the right to exercise options for the purchase of designated amounts of Logan stock at $15.46 per share during each of several specified periods of his employment...

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