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SUMMERVILLE v. MICROCOM

No. 93-1815.

42 F.3d 891 (1994)

Virginia Elaine SUMMERVILLE, Successor Personal Representative for the Estate of Robert R. Driscoll, Plaintiff-Appellant, v. MICROCOM CORPORATION, Defendant-Appellee, and G. William Barsby, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided December 29, 1994.

Attorney(s) appearing for the Case

ARGUED: J. Michael Conroy, Jr., Conroy, Ballman & Dameron, Chartered, Gaithersburg, MD, for appellant. Michael M. Mustokoff, Duane, Morris & Heckscher, Philadelphia, PA, for appellee. ON BRIEF: Teresa N. Cavenagh, Duane, Morris & Heckscher, Philadelphia, PA, for appellee.

Before MURNAGHAN, Circuit Judge, SPROUSE, Senior Circuit Judge, and RESTANI, Judge, United States Court of International Trade, sitting by designation.

Reversed and remanded by published opinion. Senior Judge SPROUSE wrote the opinion, in which Judge MURNAGHAN and Judge RESTANI joined.

OPINION

SPROUSE, Senior Circuit Judge:

The administratrix of the estate of Robert R. Driscoll appeals from a summary judgment granted to Microcom Corporation in the estate's action to recover commissions which it contends Microcom should have paid Driscoll on sales of DKTs...

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