BUDGET RENT-A-CAR CORPORATION OF AMERICA v. FEIN

No. 21259.

342 F.2d 509 (1965)

BUDGET RENT-A-CAR CORPORATION OF AMERICA, Appellant, v. Samuel FEIN, Appellee.

United States Court of Appeals Fifth Circuit.

March 5, 1965.


Attorney(s) appearing for the Case

Robert Marks, Chicago, Ill., Nolan B. Harmon, Atlanta, Ga., Marks, Marks & Kaplan, Chicago, Ill., of counsel, for appellant.

Edward J. Henning, Joseph W. Gerstein, and Henning & Martin, Atlanta, Ga., for appellee.

Before BROWN and BELL, Circuit Judges, and SPEARS, District Judge.


JOHN R. BROWN, Circuit Judge.

In this diversity case the question is whether the District Court properly granted summary judgment in favor of the Defendant Fein refusing to enforce a restrictive covenant signed by Fein during negotiations over the possible purchase of a Budget rental car franchise by Fein, which for two years prohibited him from thereafter going into the discount car rental business anywhere in the western hemisphere. Signing the letter was in consideration...

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