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AMERICAN AIR FILTER CO., INC. v. McNICHOL

No. 75-1263.

527 F.2d 1297 (1975)

AMERICAN AIR FILTER COMPANY, INC., Appellant, v. Michael J. McNICHOL c/o John F. Scanlan, Inc. and John F. Scanlan, Inc.

United States Court of Appeals, Third Circuit.

Decided December 16, 1975.

Attorney(s) appearing for the Case

Michael M. Baylson, Duane, Morris & Heckscher, Philadelphia, Pa., for appellant.

John F. Ledwith, Schubert, Mallon, Walheim & DeCindis, Philadelphia, Pa., for appellees.

Before SEITZ, Chief Judge, and ROSENN and GARTH, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

Plaintiff American Air Filter, Inc., (AAF) brought this suit against a former employee, Michael J. McNichol, and his new employer, John F. Scanlan, Inc., (Scanlan) seeking injunctive and monetary relief for an alleged breach of a restrictive covenant in an employment contract.1 Judge Luongo denied plaintiff's motion for a preliminary injunction, 361 F.Supp. 908

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