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TUCKER v. FIRESTONE

Nos. 78-3364, 78-3579.

625 F.2d 124 (1980)

Lester W. TUCKER, Jr., Plaintiff-Appellant, v. Daniel L. FIRESTONE et al., Defendants-Appellees. James A. ST. JOHN, Plaintiff-Appellant, v. Daniel L. FIRESTONE et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 7, 1980.

Attorney(s) appearing for the Case

Charles E. Brant, Glander, Brant, Ledman & Newman, Columbus, Ohio, for plaintiff-appellant in No. 78-3364.

William E. Santen, Santen, Santen & Hughes Co., LPA, William B. Singer, Cincinnati, Ohio, for plaintiff-appellant in No. 78-3579.

Michael G. Long, Vorys, Sater, Seymour & Pease, Columbus, Ohio, for Eastman Kodak.

A. C. Strip, Harris, Strip, Fargo, Schulman & Hoppers Co., LPA, James A. Hammerschmit, Columbus, Ohio, for Firestone, et al.

Before EDWARDS, Chief Judge, and CELEBREZZE and BROWN, Circuit Judges.

PER CURIAM.

These two appeals are taken from District Judge Robert Duncan's dismissal of their claims against Eastman Kodak Company. These claims arise from money which plaintiffs Tucker and St. John at different times paid to one, Daniel L. Firestone, under contract by which Firestone was to furnish them Kodak films, supplies and sales materials. Plaintiffs admit that Firestone never said he was an agent for Kodak in plaintiffs' transactions with him and that the...

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