Legal Opinion

Frame v. Merrill Lynch, Pierce, Fenner & Smith Inc.

California Court of Appeal

Decided October 19, 1971No. Civ. 28135PublishedCited by 59 opinions

1Opinion of the Court

Opinion

CHRISTIAN, J.

Merrill Lynch, Pierce, Fenner & Smith, Inc. appeals from an order denying its petition for arbitration of issues raised in an action brought by respondent Ronald Frame.

Respondent, a former employee of appellant, commenced an action seeking a determination that a portion of a purported agreement between appellant and respondent, which provides for forfeiture of profit-sharing rights by any employee of appellant who resigns and then engages in competition with appellant, is void as a restraint on competition condemned by Business and Professions Code section 16600. Appellant…

2Cases cited10 opinions

  1. Loving & Evans v. BlickCalifornia Supreme Court · 1949
  2. Muggill v. Reuben H. Donnelley Corp.California Supreme Court · 1965
  3. Kristt v. WhelanAppellate Division of the Supreme Court of the State of New York · 1957
  4. Kristt v. WhelanNew York Court of Appeals · 1958
  5. Allstate Insurance v. OrlandoCalifornia Court of Appeal · 1968

5 more not listed; retrieve them via the Exa API.

3Cited by59 opinions

  1. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. WareSupreme Court of the United States · 1973
  2. Graham v. Scissor-Tail, Inc.California Supreme Court · 1981
  3. Mitchell B. Haisten, Individually and as the Administrator of the Estate of Jean E. Haisten v. Grass Valley Medical Reimbursement Fund, Ltd.Court of Appeals for the Ninth Circuit · 1986
  4. Keating v. Superior CourtCalifornia Supreme Court · 1982
  5. Wheeler v. St. Joseph HospitalCalifornia Court of Appeal · 1976

54 more not listed; retrieve them via the Exa API.

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