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MARCELLA v. ARP FILMS, INC.

Nos. 78, 79 and 141, Dockets 85-7255, 85-7261 and 85-7305.

778 F.2d 112 (1985)

Robert MARCELLA, Plaintiff-Appellee-Cross-Appellant, v. ARP FILMS, INC., Westchester Films, Inc., Centaur Distribution Co., and Claude S. Hill, Defendants, ARP Films, Inc., and Claude S. Hill, Defendants-Appellants-Cross-Appellees, Westchester Films, Inc., and Centaur Distribution Co., Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 3, 1985.

Attorney(s) appearing for the Case

Arthur J. Ginsburg, New York City (Howard Gotbetter, Gerald E. Singleton, Frankfurt Garbus Klein & Selz, P.C., New York City, of counsel), for defendants-appellants-cross-appellees and defendants-appellees.

Arthur Kokot, New York City (Kay Collyer & Boose, New York City), for plaintiff-appellee-cross-appellant.

Before LUMBARD, OAKES and NEWMAN, Circuit Judges.

OAKES, Circuit Judge.

This case arises out of Robert Marcella's employment as a salesman of exhibition license agreements for distributors of film series (principally children's cartoons such as "Spiderman," "Incredible Hulk," and "Marvelous Super Heroes") to television stations. The appeal and cross-appeal in this diversity contract action involving sales commissions and a stock buy-out agreement presents two principal questions: (1) whether the defendant distributors...

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