of the Group Plan and policy, with appropriate avenues of administrative appeal provided by statute. No basis, therefore, exists to invoke the defense of illegality against a claim for commissions predicated upon solicitation of the Furniture Club of Pittsburgh for the sale of the Group Life Insurance Plan.
In view of defendant's persistent advocacy of the instant motion, and the factual disputes which exist as to compliance with the contract agreement and damages which resulted therefrom, at such time as this proceeding is fixed for non-jury trial, I shall empanel an advisory jury pursuant to Rule 39(c) of the Federal Rules of Civil Procedure, 28 U.S.C. to which jury the following interrogatories will be presented:
1. Had plaintiff complied with the terms and conditions of his agreement with defendant in the solicitation of Group Life, Hospitalization, Health and Accident Insurance from the membership of the Furniture Club of Pittsburgh?
2. What is the amount of commissions due plaintiff for solicitation of Group Life, Hospitalization, Health and Accident Insurance from the membership of the Furniture Club of Pittsburgh?
3. What is the value of the services which plaintiff rendered in the solicitation of Group Life, Hospitalization, Health and Accident Insurance from the membership of the Furniture Club of Pittsburgh without any consideration being given to commissions?
In the event I am in error in affirming the view that plaintiff would be entitled to recovery of commissions, should he succeed in proving his case, the need for retrial can be avoided, and the verdict moulded consistent with the specific findings.
Defendant's motion for summary judgment will be refused.
I shall further direct that counsel for the parties stipulate to all factual matters not in dispute and all matters in dispute on or before May 1, 1959, and that counsel for the parties comply with all terms and conditions of the pre-trial order entered May 28, 1958, and that no deviation be made therefrom without order of court for cause shown.
If counsel for either of the parties fail or neglect to comply with the Pre-trial Rule of the Court, Rule 5-II, within the time stated, appropriate penalties and sanctions will be imposed on the offending party.
An appropriate order is entered.