John W. Byer, Jr. v. International Paper Company, a Corporation

HILL, Circuit Judge.

The case presents the question of the right of the appellee, International Paper Company, to recover from appellant, John W. Byer, Jr., a former employee, money received by him from a third party during the existence of the employer-employee relationship.

The facts may be summarized as follows : In 1946, Byer was employed by the Long Bell Lumber Company, as manager of one of its retail lumber yards in Oklahoma. Long Bell later merged with the International Paper Company by statutory merger. The lumber yard managed by Byer was engaged in the retail sale of building…