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HYDRAULIC PRESS MFG. CO. v. LAKE ERIE ENGINEERING CORP.

No. 46.

132 F.2d 403 (1942)

HYDRAULIC PRESS MFG. CO. v. LAKE ERIE ENGINEERING CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

December 30, 1942.

Attorney(s) appearing for the Case

Penney & Penney, of Buffalo, N. Y. (Charles P. Penney and Alfred A. Buerger, both of Buffalo, N. Y., of counsel), for appellee-defendant Lake Erie Engineering Corporation.

Rann, Brown, Sturtevant & Kelly, of Buffalo, N. Y., and Toulmin & Toulmin, of Dayton, Ohio (Howard R. Sturtevant, of Buffalo, N. Y., and H. A. Toulmin, Jr., and Rowan A. Greer, both of Dayton, Ohio, of counsel), for appellant-plaintiff.

Saperston, McNaughtan & Saperston (Alfred M. Saperston and R. Kerford Wilson, of counsel), for appellee-defendant Hans Illing.

Before L. HAND, CHASE and FRANK, Circuit Judges.

CHASE, Circuit Judge.

The decisive issue involved in this appeal by the plaintiff from a final decree of the District Court for the Western District of New York dismissing its bill of complaint on the merits is whether a restrictive covenant in an employment contract between the plaintiff and one of the defendants will be enforced in a court of equity. Jurisdiction is based on diversity.

The plaintiff, whose principal place of business is at Mount Gilead,...

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