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STEWART IN-FRA-RED COMMISSARY v. CONNER

205 A.2d 3 (1964)

STEWART IN-FRA-RED COMMISSARY OF WILMINGTON, INC., Plaintiff, v. Ira F. CONNER, Defendant.

Court of Chancery of Delaware, New Castle.

November 18, 1964.

Attorney(s) appearing for the Case

Stephen Hamilton, Jr., and Frank O'Donnell of Hamilton & O'Donnell, Wilmington, for plaintiff.

John A. Rich of Errigo, Biondi & Porter, Wilmington, for defendant.

SEITZ, Chancellor.

Plaintiff corporation seeks an injunction preventing defendant from violating an agreement not to compete. The defendant is a former employee. This is the decision after final hearing.

Since 1957 plaintiff has had an exclusive franchise to operate a so-called commissary in Delaware and certain counties in Maryland and New Jersey.. Plaintiff's business consists of placing In-fra-red cookeries in business establishments and then selling such...

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