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Corporations Keyed to O’Kelley
Community Counselling Service, Inc. v. Reilly
Citation:
317 F.2d 239 (1963)Facts
Community Counseling Service, Inc. is a professional fund raising organization. Reilly was employed by CCS in March 1957. He received a salary of $140 per week, plus commissions on an ascending sale. On January 4, 1960, Reilly informed the Vice President in charge of sales that he intended to resign. It was agreed that Reilly’s resignation would be effective as of January 29. Reilly had been in touch with Father Cahill, of Our Lady of Mercy, in October 1959. Father Cahill testified that he wished Reilly to conduct the imminent campaign for Our Lady of Mercy. Before termination of his employment by CCS, Reilly not only formed the intention of engaging in fund raising activities on his own account, but he actively sought employment for himself and entered into firm agreements on his own account, with no result that there was no substantial hiatus between the termination of his employment by CCS and the commencement of the first of the three campaigns that he had lined up for himself.
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