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DP AVIATION v. SMITHS INDUSTRIES AEROSPACE

Nos. 99-35913, 00-35029.

268 F.3d 829 (2001)

DP AVIATION, a Washington general partnership consisting of M.C. Pietromonaco, Inc. and Microm, Inc., Washington corporations; M.C. Pietromonaco, Inc., a Washington corporation; Micom, Inc., a Washington corporation, Plaintiffs-Appellees, v. SMITHS INDUSTRIES AEROSPACE AND DEFENSE SYSTEMS LTD, a foreign corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 28, 2001.

Attorney(s) appearing for the Case

John T. Petrie and Susan Rae Fox, Ryan, Swanson & Cleveland, PLLC, Seattle, Washington; and Evan L. Schwab, Dorsey & Whitney, LLP, Seattle, Washington, for the plaintiffs-appellees.

Thomas M. Kittredge and Karen Pieslak Pohlmann, Morgan, Lewis & Bockius LLP, Philadelphia, Pennsylvania; and Patrick C. Sheldon, Fain Sheldon Anderson & VanDerhoef, PLLC, Seattle, Washington, for the defendant-appellant.

Before: STEPHEN REINHARDT, KIM McLANE WARDLAW, and RONALD M. GOULD, Circuit Judges.

Argued and Submitted February 12, 2001 — Seattle, Washington.

GOULD, Circuit Judge:

This case concerns a monetary dispute over the award of incentive fees, or commissions, pursuant to a representation agreement. Appellees DP Aviation, M.C. Pietromonaco, Inc., and Micom, Inc. (collectively, "DPA") alleged that Appellant Smiths Industries Aerospace and Defense Systems, Ltd. ("SIADS") breached its representation agreement with DPA by refusing to pay incentive...

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