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ROSE UNIFORMS v. LOBEL (09/25/62)

September 25, 1962

ROSE UNIFORMS, INC.
v.
LOBEL, APPELLANT.



Appeal, No. 281, Jan. T., 1962, from decree of Court of Common Pleas No. 7 of Philadelphia County, Dec. T., 1961, No. 3730, in equity, in case of Rose Uniforms, Inc. v. Harry Lobel. Decree reversed.

COUNSEL

John F. McElvenny, with him Norman Shigon, for appellant.

Samuel Rappaport, with him Rappaport & Lagakos, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.

Author: O'brien

[ 408 Pa. Page 421]

OPINION BY MR. JUSTICE O'BRIEN

Appellee, on February 4, 1962, filed a complaint in equity seeking, inter alia, an injunction prohibiting appellant from soliciting business in certain areas in and around Philadelphia. Appellee alleged that appellant was breaching the "no competition" clause of a contract

[ 408 Pa. Page 422]

    under which appellee had formerly employed appellant.

On February 20, 1962, the court below issued a rule directed to appellant to show cause why a preliminary injunction should not issue against him; the rule was made returnable February 26, 1962. The rule was duly served on appellant who filed an answer to appellee's petition for preliminary injunction, new matter with regard thereto and preliminary objections to the complaint in equity.

The court below held hearings on the rule and took testimony on March 8, 9 and 16, 1962. As a result of such hearings and testimony, the court, on March 16, 1962, entered the following order: "AND NOW, this 16th day of March, 1962, upon consideration of Petition for Preliminary Injunction, the Answer thereto, the Complaint and Testimony, and on Motion of Samuel Rappaport, Esq., attorney for Plaintiff, it is ORDERED and DECREED as follows: That HARRY LOBEL cease to engage in the sale, directly or indirectly, of uniforms or uniform accessories or both to employees of the United States Post Office in an area composed of the Counties of Philadelphia, Bucks, Montgomery and Delaware in the Commonwealth of Pennsylvania, and the County of Camden in the State of New Jersey, until further Order of this Court, but, in no event shall this preliminary injunction be in force after January 19, 1964."

It must be noted that the order purported to prohibit appellant's participation in certain activities from its date until January 19, 1964, and that no security is set. On March 20, 1962, the court below added to the end of the above quoted order of March 16, 1962, the following words: "Security fixed at $1,000.00." Again it must be noted that the order, as modified by the last quoted addition, purports to be ...


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