Equity — Injunctions — Preliminary — Formation of new enterprise by employees of plaintiff — Fraud or unfair competition — Proof.
In a proceeding in equity, in which it appeared, inter alia, that plaintiff operated a factory; that several of the defendants, who were executives of the plaintiff company, left plaintiff's employ and joined with others in forming a new business enterprise; and that there was no proof of fraud or deception on part of defendants or unfair competition, or that equitable relief was necessary to prevent irreparable injury to plaintiff's business or its physical property; it was Held that the court below properly refused a preliminary injunction to restrain defendants from employing any persons alleged to have left plaintiff's service by illegal means, from using certain alleged lists of names and addresses of plaintiff's suppliers, employees and customers, and from unfair competition.
Argued March 19, 1945.
PER CURIAM, April 9, 1945:
The decree of the court below is affirmed on the opinion of President Judge PATTERSON, appellant to pay the costs.