BLACKBURN v. SWEENEY

No: 71S03-9505-CV-00502.

659 N.E.2d 131 (1995)

Thomas D. BLACKBURN and Raymond T. Green, Appellants (Plaintiffs below), v. Charles A. SWEENEY, Jr., Daniel H. Pfeifer, and Sweeney and Pfeifer, Formerly d/b/a Sweeney, Pfeifer and Blackburn, A Partnership, and Sweeney and Pfeifer, A Partnership f/n/a Sweeney, Pfeifer and Blackburn, Appellees (Defendants below).

Supreme Court of Indiana.

December 28, 1995.


Attorney(s) appearing for the Case

Karl L. Mulvaney, Nana Quay-Smith, Bingham Summers Welsh & Spilman, Indianapolis, for appellants.

Peter G. Tamulonis, John B. Drummy, Kightlinger & Gray, Indianapolis, for appellees.


ON PETITION TO TRANSFER

SELBY, Justice.

In this case we are asked to examine the issue of whether a covenant not to advertise contained in an agreement to withdraw from a law partnership violates our Rule of Professional Conduct 5.6. However, because the United States Seventh Circuit Court has examined the same covenant and determined that it is void and unenforceable under § 1 of the Sherman Act, we conclude that notions of comity direct us to dismiss...

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