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MacDONALD v. FEDERAL LIFE AND CASUALTY CO.

No. 75 C 951.

410 F.Supp. 1126 (1976)

Joseph MacDONALD, Plaintiff, v. FEDERAL LIFE AND CASUALTY CO. et al., Defendants.

United States District Court, E. D. New York.

April 9, 1976.

Attorney(s) appearing for the Case

Albert M. Swift, Hollis, New York, for plaintiff.

Vincent, Berg & Russo, New York City, for defendant Federal Life and Cas. Co., by Frank M. Marcigliano, New York City, of counsel.

BRUCHHAUSEN, District Judge.

The defendant moves for an order, pursuant to Rule 56 of the Federal Rules of Civil Procedure, for summary judgment, dismissing the plaintiff's complaint.

The plaintiff alleges that he was an employee of the movant, hired during April, 1970 and that he was to receive a fixed weekly salary together with an annual bonus, based upon performance. A bonus agreement was arrived at during the year 1972. The bonus formula was signed by...

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