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LOEB v. KIVO

Civ. No. 35-455.

77 F.Supp. 523 (1947)

LOEB v. KIVO et al.

District Court, S. D. New York.

Judgment Affirmed August 4, 1948.

Attorney(s) appearing for the Case

Feingold & Falussy, of New York City (Alfred Feingold and Aloysius C. Falussy, both of New York City, of counsel), for plaintiff.

Scribner & Miller, of New York City (Herbert Plaut, of New York City, of counsel), for defendants.

CLANCY, District Judge.

1. The plaintiff, in 1939, entered into the employ of John Kivo, Inc., a New York corporation apparently owned and admittedly controlled, operated and managed by John Kivo, one of the defendants. He continued in such employ under annual contracts until his entry into the Army on November 9, 1942. His 1942 contract, like the others required payment of commissions on orders obtained by him actually delivered and commissions were paid him through...

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