Dunlap & Kyle Company, Inc. is partially denied summary judgment on a quantum meruit claim of an outside salesman placed on and removed from its payroll several times over a four-year period before his ultimate termination, where a supervisor’s instructions for him to continue selling while not on its payroll coupled with the salesman’s compliance and being paid during that period creates a genuine material factual dispute best resolved by a factfinder, an Alabama federal district court ruled.
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