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SCHULTZ v. PALMER WELLOCT TOOL CORP.

Civ. No. 167.

115 F.Supp. 939 (1953)

SCHULTZ v. PALMER WELLOCT TOOL CORP. et al.

United States District Court, W. D. Pennsylvania.

February 13, 1953.

Attorney(s) appearing for the Case

John D. Ray and Harold F. Reed, Jr., (of Reed, Ewing & Ray), Beaver, Pa., Robert E. Kline, Pittsburgh, Pa., for plaintiff.

George J. Barco (of Barco and Barco), Meadville, Pa., Elder W. Marshall and John D. McIntyre (of Reed, Smith, Shaw & McClay), Pittsburgh, Pa., for defendants.

E. Lowry Humes (of Humes & Kiebort), Meadville, Pa., for Robert W. Palmer.

MARSH, District Judge.

Plaintiff brought this action to recover a commission under an exclusive agency contract with the defendant corporation. The individual defendants are the sole stockholders. At the close of the plaintiff's case, the defendants moved for a directed verdict, setting forth three reasons, as follows:

"[F]irst, that the plaintiff has shown that the commission in this case sought to be recovered, involved inter alia the sale of real estate...

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