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EUNGARD v. OPEN SOLUTIONS, INC.

No. 06-2380.

517 F.3d 891 (2008)

Scott L. EUNGARD, Plaintiff-Appellant, v. OPEN SOLUTIONS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 26, 2008.

Attorney(s) appearing for the Case

ARGUED: Melinda A. Balian, Frank, Haron, Weiner & Navarro, Troy, Michigan, for Appellant. Charles C. Dewitt, Jr., Dewitt, Balke & Vincent, Detroit, Michigan, for Appellee. ON BRIEF: Melinda A. Balian, Monica P. Navarro, Frank, Haron, Weiner & Navarro, Troy, Michigan, for Appellant. Charles C. Dewitt, Jr., Dewitt, Balke & Vincent, Detroit, Michigan, for Appellee.

Before: MARTIN and SUTTON, Circuit Judges; OBERDORFER, District Judge.

OPINION

SUTTON, Circuit Judge.

Scott Eungard, a salesman, seeks commissions on products and services ordered by a client on the same day he was fired. Because ambiguity in Eungard's compensation agreement precludes summary judgment for Open Solutions, we reverse and remand.

I.

In June 2003, Open Solutions acquired Eungard's previous employer, Liberty FiTech. After the acquisition closed, Open Solutions gave Eungard the title of Area Vice...

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