Biosphere Industries, Inc. v. Oxford Chemicals, Inc.

Beasley, Judge.

Oxford Chemicals and its president Tremonti sued Biosphere Industries, Barkas, and Katz, alleging violations of a restrictive cove nant not to compete. With his answer, Barkas filed a counterclaim asserting that the action had been instituted with malice and for the wrongful purpose of interfering with his right to conduct his business, for which he sought lost profits, vindictive damages, attorney fees and expenses. Biosphere and Katz moved for summary judgment, to which Oxford and Tremonti responded, and which the court denied. At the close of the plaintiffs’ evidence at…