Tymshare, Inc. v. William J. Covell. William J. Covell v. Tymshare, Inc

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

In this diversity suit for breach of contract defendant Tymshare, Inc., appeals (No. 82-2218) from summary judgment finding that Tymshare violated its contractual obligation of good faith performance when it retroactively raised the commission quota of plaintiff William J. Covell, one of its sales representatives. Plaintiff cross appeals (No. 82-2237) from the district court’s denial of prejudgment interest.

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Covell, a resident of Maryland, began to work for Tymshare, a California corporation which sells data processing…