CINELLI v. AMERICAN HOME PRODUCTS CORP.

No. 84-1626.

785 F.2d 264 (1986)

Albert E. CINELLI, Plaintiff-Appellant, v. AMERICAN HOME PRODUCTS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 24, 1986.


Attorney(s) appearing for the Case

William H. Sanders, Sr., of Blackwell Sanders Matheny Weary & Lombardi, Kansas City, Mo. (James M. Warden and Carol R. Gilham of Blackwell Sanders Matheny Weary & Lombardi, Kansas City, Mo., and John J. Bukaty, Jr., of Williamson & Cubbison, Kansas City, Kan., with him on briefs), for plaintiff-appellant.

Maurice J. O'Sullivan, Jr., of Lathrop, Koontz, Righter, Clagett & Norquist, Kansas City, Mo. (Thomas J. Wheatley of Lathrop, Koontz, Righter, Clagett & Norquist, Kansas City, Mo., and John J. Jurcyk, Jr., of McAnany, Van Cleave & Phillips, P.A., Kansas City, Kan., with him on brief), for defendant-appellee.

Before BARRETT, MOORE and ANDERSON, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

This is an appeal from a judgment holding that a forfeiture clause in a contract of employment which became operative upon plaintiff's subsequent employment by defendant's competitor did not constitute an unreasonable restraint of trade under the Sherman Act. The court also held that defendant's postemployment revocation of awards to plaintiff did not result in a breach of this contract. We believe the trial court's analysis was correct...

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