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CAMERLO v. HOWARD JOHNSON CO.

No. 82-5540.

710 F.2d 987 (1983)

Jean CAMERLO, Appellant, v. HOWARD JOHNSON COMPANY, Appellee.

United States Court of Appeals, Third Circuit.

Decided June 23, 1983.

As Amended June 30, 1983.

Attorney(s) appearing for the Case

William J. Kelly, Elderkin, Martin, Kelly, Messina & Zamboldi, Erie, Pa., for appellant.

Ted J. Padden, Quinn, Gent, Buseck & Leemhuis, Inc., Erie, Pa., for appellee.

Before ADAMS, WEIS and BECKER, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) February 28, 1983.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this diversity case we encounter the rule against perpetuities, a subject not noted for the frequency of its appearance in federal court. The district court determined that the rule does not apply to leases that are perpetually renewable. We agree and affirm the judgment in this respect. Because a non-competition covenant in the lease at issue...

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