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NICHOLS v. ENTERASYS NETWORKS, INC.

No. 06-20493.

495 F.3d 185 (2007)

Scott NICHOLS, Plaintiff-Appellant, v. ENTERASYS NETWORKS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 2, 2007.

Attorney(s) appearing for the Case

Steve C. Dollinger (argued), The Preston Law Firm LLP, James Howard Hutchinson, III, Houston, TX, for Nichols.

David Jude Comeaux (argued), James R. Staley, Ogletree, Deakins, Nash, Smoak & Stewart, Houston, TX, for Defendant-Appellee.

Before DAVIS, DENNIS and PRADO, Circuit Judges.

DENNIS, Circuit Judge:

Scott Nichols sued Enterasys claiming that the company breached an alleged contractual agreement to pay him additional sales commissions for fiscal year ("FY") 2001, based on the terms of a sales plan governing FY2000, on the grounds that the terms of the FY2000 plan were impliedly renewed to cover FY2001. Enterasys removed the case to federal court. The district court granted the company's motion for summary judgment on the grounds that even...

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