Joseph G. Budinich v. Becton Dickinson and Company, a Foreign Corporation

In accordance with 10th Cir.R. 9(e) and Fed.R.App.P. 34(a), this appeal came on for consideration on the briefs and record on appeal.

This action arises out of an employment contract under which plaintiff served as defendant’s western regional manager for a salary plus commission on sales. Prior to plaintiff’s completion of a major sale to the United States Air Force, defendant’s commission structure was modified, resulting in a substantial reduction in the commission ultimately, paid to plaintiff. Although he protested, plaintiff continued his employment with defendant. Sometime later, and…