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AMHERST SPORTSWEAR CO., INC. v. McMANUS

No. 88-2193.

876 F.2d 1045 (1989)

AMHERST SPORTSWEAR COMPANY, INC., Plaintiff, Appellee, v. Mark McMANUS, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 5, 1989.

Attorney(s) appearing for the Case

David A. Ross with whom Ross & Ross, Manchester, N.H., was on brief, for defendant, appellant.

Sterling H. Schoen, Jr., Manchester, N.H., on brief, for plaintiff, appellee.

Before CAMPBELL, Chief Judge, BOWNES and BREYER, Circuit Judges.

LEVIN H. CAMPBELL, Chief Judge.

Defendant McManus, a former sales representative for plaintiff Amherst Sportswear Company ("Amherst"), appeals from a judgment of the United States District Court for the District of New Hampshire ordering him to repay $13,185.40 that Amherst had advanced to him towards expected commissions which he failed subsequently to earn. We vacate the judgment below and remand.

Amherst is engaged in the design, marketing and distribution...

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