Brunswick Corp., Mercury Marine Division v. Hering

PUDLOWSKI, Presiding Judge.

Appeal from an order permanently enjoining defendant from racing the “Toshiba”, an outboard motor racing boat, in the 1977 St. Louis World Championship Grand Prix unless the craft was powered by Mercury engines. We affirm.

The facts are substantially undisputed. For approximately 5 years commencing in 1971, defendant, Robert F. Hering, was employed as a race driver by the Racing and Hi-Performance Products Division of the plaintiff, Brunswick Corporation, Mercury Marine Division (hereinafter Mercury). Defendant was a member of the factory team and participated in…