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TYMSHARE, INC. v. COVELL

Nos. 82-2218, 82-2237.

727 F.2d 1145 (1984)

TYMSHARE, INC., Appellant, v. William J. COVELL. William J. COVELL, Appellant, v. TYMSHARE, INC.

United States Court of Appeals, District of Columbia Circuit.

Decided February 7, 1984.

Attorney(s) appearing for the Case

David S. Cohen, Washington, D.C., for appellant in 82-2218 and appellee in 82-2237. Andrew Mohr, Washington, D.C., also entered an appearance for Tymshare, Inc.

F. Lane Heard, III, Washington, D.C., for appellee in 82-2218 and cross-appellant in 82-2237.

Before EDWARDS and SCALIA, Circuit Judges, and LUMBARD, Senior Circuit Judge for the United States Court of Appeals for the Second Circuit.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

In this diversity suit for breach of contract defendant Tymshare, Inc., appeals (No. 82-2218) from summary judgment finding that Tymshare violated its contractual obligation of good faith performance when it retroactively raised the commission quota of plaintiff William J. Covell, one of its sales representatives. Plaintiff cross appeals (No. 82-2237) from the district court's denial...

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