James Hendry, an Individual Doing Business as Synergy Sales Engineering, Plaintiff/appellee/cross-Appellant v. Exide Electronics Corporation, a North Carolina Corporation, Defendant/appellant/cross-Appellee

974 F.2d 1342 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James HENDRY, an individual doing business as Synergy Sales Engineering, Plaintiff/Appellee/Cross-Appellant, v. EXIDE ELECTRONICS CORPORATION, a North Carolina corporation, Defendant/Appellant/Cross-Appellee. Nos. 90-15964, 90-16148. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 12, 1992. Decided Sept. 8, 1992. Motion to Recall and Clarify Mandate Granted Jan. 29, and May 27, 1993. Appeal from the United States District Court for the Northern District of California, No. C-89-0077 SAW; Stanley Weigel, District Judge, Presiding. N.D.Cal. REVERSED and REMANDED. Before CHOY, HUG and RYMER, Circuit Judges 1 MEMORANDUM * 2 This case involves a dispute between Exide Electronics Corporation ("Exide"), a manufacturer of electrical equipment including uninterruptible power supply ("UPS") systems and James Hendry, its former sales representative doing business as Synergy Sales Engineering…