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OKMYANSKY v. HERBALIFE INTERN. OF AMERICA, INC.

No. 04-2607.

415 F.3d 154 (2005)

Evgeny OKMYANSKY, Plaintiff, Appellant, v. HERBALIFE INTERNATIONAL OF AMERICA, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 15, 2005.

Attorney(s) appearing for the Case

Joel Z. Eigerman, with whom Pavel Bespalko was on brief, for appellant.

Annapoorni R. Sankaran, with whom Gary R. Greenberg, Louis J. Scerra, Jr., and Greenberg Traurig, LLP were on brief, for appellee.

Before SELYA, Circuit Judge, HILL, Senior Circuit Judge, and LYNCH, Circuit Judge.

SELYA, Circuit Judge.

Plaintiff-appellant Evgeny Okmyansky claims an entitlement, contractually and under equitable principles, to certain commissions and royalties. The district court spurned the plaintiff's entreaties and granted summary judgment for defendant-appellee Herbalife International of America, Inc. (Herbalife). Okmyansky v. Herbalife Int'l of Am., Inc., 343 F.Supp.2d 57, 60-62 (D.Mass.2004). Concluding...

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