AWARD INCENTIVES, INC. v. VAN ROOYEN

No. 12619.

263 F.2d 173 (1959)

AWARD INCENTIVES, INC., a Corporation of the State of New York, Plaintiff-Respondent, v. Philip A. VAN ROOYEN, Jr., also Known as Philip Van Rooyen, Individually and Trading as The Achievement Company, Defendant-Appellant.

United States Court of Appeals Third Circuit.

Decided February 3, 1959.


Attorney(s) appearing for the Case

Richard M. Glassner, Newark, N. J. (Joseph Pierce Lodge, Camden, N. J., and Ira Bernard Dworkin, Flemington, N. J., on the brief), for defendant-appellant.

Samuel H. Nelson, Newark, N. J. (Irving J. Rosenberg, Newark, N. J., on the brief), for plaintiff-respondent.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.


McLAUGHLIN, Circuit Judge.

The sole problem on this appeal concerns the validity of a restrictive business covenant which was upheld by the district court.

Appellee, a New York corporation, has been a manufacturing jeweler since 1934. As a major part of its business it set up incentive programs1 in the industrial and institutional fields. No charge was made for these. The company's profit came from the manufacture and sale of emblem...

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