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ZELL v. AMERICAN SEATING CO.

50 F.Supp. 543 (1943)

ZELL v. AMERICAN SEATING CO.

District Court, S. D. New York.

March 18, 1943.

Attorney(s) appearing for the Case

Donovan, Leisure, Newton & Lumbard, of New York City (James R. Withrow, Jr., of New York City, of counsel), for plaintiff.

Cravath, de Gersdorff, Swaine & Wood, of New York City (Albert R. Connelly and Harold R. Medina, both of New York City, of counsel), for defendant.

COXE, District Judge.

This is a motion by the defendant for summary judgment in its favor dismissing the complaint.

The action is to recover $476,000 for commissions alleged to have been earned in obtaining war contracts amounting in the aggregate to $5,950,000. The complaint alleges that the commissions were earned under a contract, partly written and partly oral, entered into between the parties on October 31, 1941.

The written portion of the contract...

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