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INDUSTRIAL ELECTRONICS CORPORATION v. CLINE

No. 14701.

330 F.2d 480 (1964)

INDUSTRIAL ELECTRONICS CORPORATION, a New Jersey corporation, Plaintiff-Appellant, v. C. Richard CLINE, individually and d/b/a West Penn Electrical Supply Co., and Sidney Gottlieb, Defendants-Appellees.

United States Court of Appeals Third Circuit.

Decided April 21, 1964.

Attorney(s) appearing for the Case

Martin L. Duyk, Newark, N. J. (James R. Orr, G. Donald Gerlach, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., Furst, Furst & Feldman, Newark, N. J., on the brief), for appellant.

Milton W. Lamproplos, Pittsburgh, Pa. (Robert C. McCartney, Eckert, Seamans & Cherin, Pittsburgh, Pa., on the brief), for appellees.

Before McLAUGHLIN, GANEY and SMITH, Circuit Judges.

SMITH, WILLIAM F., Circuit Judge.

The complaint in this action alleges that the defendants, formerly franchise dealers under contract to the plaintiff, are engaged in business activities which violate agreements not to compete with the plaintiff for a period of one year after termination of the franchises. It is charged that these activities constitute unfair business competition. The plaintiff seeks injunctive relief and, as an incident thereto, damages and an accounting...

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