FURTH v. INC. PUB. CO.

No. 86-3086.

823 F.2d 1178 (1987)

Donald R. FURTH, Plaintiff-Appellant, v. INC. PUBLISHING CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 14, 1987.

Rehearing Denied August 14, 1987.


Attorney(s) appearing for the Case

Wilfred F. Rice, Jr., Chicago, Ill., for plaintiff-appellant.

Roger J. McFadden, Schuyler, Roche & Zwirner, Chicago, Ill., for defendant-appellee.

Before WOOD, FLAUM, and EASTERBROOK, Circuit Judges.


FLAUM, Circuit Judge.

The plaintiff, Donald R. Furth, filed suit against his former employer, Inc. Publishing Corporation ("Inc."). He alleged that Inc. had wrongly withheld commissions that were due him. Furth's claim was based on the theory that, because he was the "procuring cause" of the placement of certain advertisements in Inc. magazine, he was entitled to the commissions under state law. At the close of Furth's case, Inc. moved for a dismissal under...

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