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E. P. HINKEL & COMPANY, INC. v. MANHATTAN COMPANY

No. 72-1553.

506 F.2d 201 (1974)

E. P. HINKEL & COMPANY, INC. v. The MANHATTAN COMPANY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 25, 1974.

Attorney(s) appearing for the Case

John F. Mahoney, Jr., Washington, D. C., with whom Charles E. Pledger, Jr., Washington, D. C., was on the brief, for appellant.

James A. Treanor, III, Washington, D. C., with whom Bernard J. Long, Jr., Washington, D. C., was on the brief, for appellee.

Before TAMM, ROBINSON and WILKEY, Circuit Judges.

TAMM, Circuit Judge:

Appellee E. P. Hinkel & Co. (Hinkel) brought this action seeking damages and an injunction, alleging that appellant The Manhattan Co. (Manhattan) had breached the provisions of a lease by failing to pay rent and by operating a carpet sales business in violation of a covenant not to compete. Manhattan answered that any breach on its part was excused by Hinkel's conduct, and counterclaimed for damages...

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