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ADVANCED MANAGEMENT RESEARCH v. EMANUEL (07/02/70)

decided: July 2, 1970.

ADVANCED MANAGEMENT RESEARCH, INC.
v.
EMANUEL, APPELLANT



Appeal from decree of Court of Common Pleas, Trial Division, of Philadelphia, Oct. T., 1968, No. 1851, in case of Advanced Management Research, Inc. v. Edward E. Emanuel, trading as Continuing Management Education Company.

COUNSEL

Pace Reich, with him Modell, Pincus, Hahn & Reich, for appellant.

Charles I. Thompson, Jr., with him Ballard, Spahr, Andrews & Ingersoll, for appellee.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Opinion by Mr. Justice Eagen.

Author: Eagen

[ 439 Pa. Page 386]

A petition was presented in the court below seeking enforcement of a decree entered in an equity action. Preliminary objections to the petition challenging the jurisdiction of the court were overruled, and this appeal followed.

The relevant facts may be summarized as follows:

[ 439 Pa. Page 387]

Advanced Management Research, Inc., [AMR] is engaged in the business of conducting "management seminars" for corporate executives. It advertises extensively by means of printed brochures which are mailed to corporate enterprises. Prior to June 26, 1968, Edward E. Emanuel was the president of AMR and a significant minority stockholder. His employment contract contained a non-competition covenant for a period of two years after leaving AMR. In June of 1968, this employment was terminated and thereafter Emanuel began doing business as Continuing Management Education Company [CME], a business which is engaged in activities similar to AMR's.

In October 1968, AMR brought an action in equity against Emanuel alleging that Emanuel had breached the non-competition covenant in his contract and that he was advertising his company's seminars by means of brochures which were "deceptively similar" to AMR's. The complaint sought injunctive relief. Emanuel brought two counteractions against AMR.

AMR's suit was set for hearing on November 8, 1968, but before trial a settlement was reached and the following "Memorandum of Agreement" was executed by the parties:

MEMORANDUM OF AGREEMENT

"Agreement made this 8th day of November 1968 between Advanced Management Research, Inc. ("AMR"), and ...


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