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Corporate Communication Services of Dayton LLC v. Mci Communications Services Inc. D/B/A Verizon Business Services

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Before: MARTIN and GIBBONS, Circuit Judges; and STEEH, District Judge*fn1

Plaintiff Corporate Communication Services of Dayton LLC appeals the district court’s order denying its motion for partial summary judgment and granting in part defendant MCI Communications Services Inc.’s motion for summary judgment. Plaintiff also appeals the district court’s pre-trial order excluding plaintiff’s expert witness and precluding plaintiff from conducting additional discovery, as well as the court’s exclusion of testimony about damages offered by plaintiff at trial, and the granting of defendant’s motion for judgment as a matter of law. Plaintiff brought this case against defendant to recover commissions allegedly due on sales made pursuant to the parties’ written agreements. In granting defendant partial summary judgment, the district court held that the agreements unambiguously required plaintiff to submit orders to be due a commission. Plaintiff admitted that it did not submit any orders on behalf of the particular customer at issue.

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