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HARRY W. APPLEGATE, INC. v. STATURE ELECTRIC, INC.

No. 00-4050.

275 F.3d 486 (2001)

HARRY W. APPLEGATE, INC., Plaintiff-Appellant, v. STATURE ELECTRIC, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 19, 2001.

Attorney(s) appearing for the Case

Philip J. Weaver, Jr. (argued and briefed), Smith, Marshall, Weaver & Vergon, George Glavinos, Jr. (briefed), Cleveland, OH, for Appellant.

Ann E. Knuth (argued and briefed), Maynard A. Buck (briefed), Benesch, Friedlander, Coplan & Aronoff, Cleveland, OH, for Appellee.

Before MERRITT, CLAY, and GILMAN, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

Plaintiff Harry W. Applegate, Inc. brings a diversity action for breach of contract against Defendant Stature Electric, Inc. ("Stature"), alleging failure to pay commissions on orders solicited by the Plaintiff and placed both prior and subsequent to its termination. Because the governing state law provides for the payment of commissions on specific orders placed prior to termination...

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