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FRANK RUSSELL CO. v. WELLINGTON MGMT. CO., LLP

No. 98-1315.

154 F.3d 97 (1998)

FRANK RUSSELL COMPANY, Frank Russell Trust Company, Frank Russell Investment Company, and Frank Russell Investment Management Company v. WELLINGTON MANAGEMENT COMPANY, LLP, Appellant

United States Court of Appeals, Third Circuit.

Decided August 18, 1998.

Attorney(s) appearing for the Case

Cynthia M. Clarke (Argued), Harvey E. Bines, Ira K. Gross, Sullivan & Worcester LLP Boston, MA; Laurence Z. Shiekman, Michael H. Rosenthal, Pepper Hamilton LLP, Philadelphia, PA, for Wellington Management Company, LLP.

Steven M. Felsenstein, Jane Landes Foster, David C. Franceski, Jr., Stradley, Ronon, Stevens & Young, LLP, Philadelphia, PA, for Frank Russell Investment Company

Kenneth M. Kolaski, Reed Smith Shaw & McClay LLP, Philadelphia, PA; Donald J. Myers, Douglas K. Spaulding (Argued), Michael B. Richman, David Ober, Reed Smith Shaw & McClay LLP, Washington, DC, for Frank Russell Company, Frank Russell Trust Company and Frank Russell Investment Management Company.

Before: SLOVITER AND ROTH, Circuit Judges, and FEIKENS, District Judge

OPINION OF THE COURT

FEIKENS, District Judge.

Before us is an expedited appeal from an order of the United States District Court for the Eastern District of Pennsylvania ("District Court") preliminarily enjoining the noncompete agreement that was upheld by the Superior Court of Massachusetts. The District Court held that there is a "virtual certainty" that a permanent injunction would be obtained on the merits by the plaintiff-appellees and thus ordered...

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