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JCB, INC. v. HORSBURGH & SCOTT CO.

No. 17-51023.

912 F.3d 238 (2018)

JCB, INCORPORATED, doing business as Conveying & Power Transmission Solutions, Plaintiff-Appellant v. The HORSBURGH & SCOTT COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

REVISED November 14, 2018.

Attorney(s) appearing for the Case

Adam J. Glazer , Richard M. Goldwasser , Schoenberg, Finkel, Newman & Rosenberg, L.L.C., Chicago, IL, Daniel Nesbitt MacLemore, IV , Fulbright Winniford, P.C., Waco, TX, for Plaintiff-Appellant.

Benjamin Curtis Yelverton , Tyler Bass Talbert , Scanes & Routh, L.L.P., Waco, TX, for Defendant-Appellee.

Before HAYNES, HO, and DUNCAN, Circuit Judges.

The Texas Sales Representative Act seems straightforward enough: When a sales representative is entitled to a sales commission, but the principal refuses to pay, the sales representative can file suit and seek treble damages. As the Act provides, a principal who fails to pay a commission is liable for "three times the...

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