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MARTIN PINCUS MARKETING v. SAWYER OF NAPA, INC.

No. 89 Civ. 1230 (KTD).

774 F.Supp. 171 (1991)

MARTIN PINCUS MARKETING, Plaintiff, v. SAWYER OF NAPA, INC., Defendant. SAWYER OF NAPA, INC., Third-Party Plaintiff, v. Vincent MONE, Third-Party Defendant.

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

September 12, 1991.

Attorney(s) appearing for the Case

Shea & Gould (Robert J. Ward, of counsel), and Jacobson & Triggs (John F. Triggs, of counsel), New York City, for plaintiff.

Zukerman & Gore (Raymond A. Bragar, of counsel), New York City, for defendant and third-party plaintiff.

Camhy Karlinsky & Stein (Martin E. Karlinsky and Lawrence A. Steckman, of counsel), New York City, for third-party defendant.

OPINION

KEVIN THOMAS DUFFY, District Judge.

Plaintiff Martin Pincus Marketing ("MPM") commenced this diversity breach of contract action against defendant/third party plaintiff Sawyer of Napa, Inc. ("Sawyer"), seeking certain commission payments allegedly due and owing from 1988 and 1989 contracts. Sawyer commenced the third-party action against one of its former employees, Vincent Mone, as the person ultimately responsible for whatever amount of commissions...

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