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CHERRY, BEKAERT & HOLLAND v. DOWNS

No. C-C-85-402-P.

640 F.Supp. 1096 (1986)

CHERRY, BEKAERT & HOLLAND, Plaintiff, v. Katherine W. DOWNS, as Executrix of the Estate of Joseph R. Downs, Defendant.

United States District Court, W.D. North Carolina, Charlotte Division.

August 1, 1986.

Attorney(s) appearing for the Case

Gaston H. Gage, Parker, Poe, Thompson, Bernstein, Gage & Preston, Charlotte, N.C., for plaintiff.

Mark W. Merritt, Robinson, Bradshaw & Hinson, Charlotte, N.C., for defendant.

MEMORANDUM OF DECISION

ROBERT D. POTTER, Chief Judge.

The Plaintiff filed this action on June 19, 1985 seeking a declaratory judgment pursuant to 28 U.S.C. § 2201 that the agreement between the parties does not entitle Defendant to the commission which he claims. The Defendant filed an answer and counterclaim for commissions which he claimed for the promotion of the mergers with Severance and Shapr and Conrad, Hoey, East & Co.

The Defendant...

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