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ALLIED SECURITY v. SECURITY UNLIMITED (04/13/79)

decided: April 13, 1979.

ALLIED SECURITY, INC., APPELLANT,
v.
SECURITY UNLIMITED, INC., BARRY J. QUINONES, RONALD CARNAVAL AND WILLIAM MIDDLEMISS



No. 818 April Term 1977, Appeal from the Order Entered June 1, 1977, of the Court of Common Pleas of Allegheny County, Pa., Civil Division at No. GD-75-20028 - in Equity - N. R.E.

COUNSEL

John E. Hall, of Meyer, Darragh, Bucker, Bebenek & Eck, Pittsburgh, for appellant.

David B. Fawcett, Jr. and with him G. Harold Blaxter, Pittsburgh, for appellees Quinones, Carnaval and Middlemiss.

John N. Scales and with him John W. Pollins, III, Greensburg, for appellee Security Unlimited, Inc.

Van der Voort, Spaeth and Montgomery, JJ.

Author: Spaeth

[ 265 Pa. Super. Page 298]

This is an appeal from an order dismissing appellant's amended complaint on appellees' preliminary objections in the nature of a demurrer.*fn1

[ 265 Pa. Super. Page 299]

The amended complaint is diffuse, almost in the extreme. Its gist may perhaps be stated as follows. Appellant is in the business of providing guard and security services. From January 14, 1971, through June 30, 1975, appellant provided such services to Allegheny General Hospital. Appellee Security Unlimited, Inc., is also in the business of providing guard and security services. The individual appellees, Barry J. Quinones, Ronald Carnaval, and William Middlemiss, are employees of Allegheny General. About January 1975, Security Unlimited, "without a privilege to do so, induced or otherwise purposely caused" Allegheny General to discontinue its relationship with appellant. Amended Complaint, para. 1, incorporating by reference para. 3 of original complaint. The amended complaint continues:

4. The intentional, unprivileged, and unjustified actions of Security Unlimited, Inc. which caused Allegheny General Hospital not to continue the aforementioned contract with Allied Security, Inc. and which was done for the purpose of causing Allegheny General Hospital to breach its contract and thereby cause the damages averred hereinafter, consisted of the following acts:

(a) Entering into a combination and conspiracy with co-defendants, Quinones, Carnaval and Middlemiss, to unlawfully interfere with Allied Security, Inc.'s advantageous contractual relationship with Allegheny General Hospital to provide security and guard services and to deprive Allied Security, Inc. of the benefits it could have continued to derive from said relationship.

(b) Fraudulently enticing away employees of Allied Security, Inc. who were already performing services at Allegheny General Hospital for the purpose of having said employees become associated with Security Unlimited, Inc. as security guards by coercing them to accept such positions at Security ...


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