Marcella v. ARP Films, Inc.
Court of Appeals for the Second Circuit
1Opinion of the Court
OAKES, Circuit Judge.
This case arises out of Robert Marcella’s employment as a salesman of exhibition license agreements for distributors of film series (principally children’s cartoons such as “Spiderman,” “Incredible Hulk,” and “Marvelous Super Heroes”) to television stations. The appeal and cross-appeal in this diversity contract action involving sales commissions and a stock buy-out agreement presents two principal questions: (1) whether the defendant distributors were deprived of the defense of disloyalty on the part of the plaintiff salesman; and (2) whether some of the commissions…
2Cases cited22 opinions
- Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
- Walkovszky v. CarltonNew York Court of Appeals · 1966
- Adams v. . GilligNew York Court of Appeals · 1910
- Wegman v. Dairylea Cooperative, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
- Ruza v. RuzaAppellate Division of the Supreme Court of the State of New York · 1955
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3Cited by50 opinions
- Riverwoods Chappaqua Corp. And Harvey Shapiro v. Marine Midland Bank, N.A.Court of Appeals for the Second Circuit · 1994
- In Re K-Dur Antitrust LitigationDistrict Court, D. New Jersey · 2004
- S & K Sales Co. v. Nike, Inc.Court of Appeals for the Second Circuit · 1987
- National Westminster Bank, U.S.A. v. RossDistrict Court, S.D. New York · 1991
- Wahlstrom v. Metro-North Commuter RailroadDistrict Court, S.D. New York · 2000
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