Legal Opinion · Dissent

Outsource International, Incorporated v. George Barton and Barton's Staffing Solutions, Incorporated

Court of Appeals for the Seventh Circuit

Decided September 17, 1999No. 98-2808Published

1DissentPosner, Chief Judge

I regret my inability to agree with the court’s disposition of the case, because it is the right disposition from the standpoint of substantive justice. Mr. Barton is an adult of sound mind who made an unequivocal promise, for which he was doubtless adequately compensated, not to compete with his employer within 25 miles for a year after he ceased being employed. He quit of his own volition — quit in fact to set up in competition with his employer. And all the customers whom he obtained for his new company, before the preliminary injunction which the court affirms today put him temporarily…

2Cases cited39 opinions

  1. Salve Regina College v. RussellSupreme Court of the United States · 1991
  2. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  3. Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
  4. HPI Health Care Services, Inc. v. Mt. Vernon Hospital, Inc.Illinois Supreme Court · 1989
  5. Equifax Services, Inc., D/B/A Equifax Commercial Specialists F/k/a White & White Inspection and Audit Service, Inc. v. Steven A. HitzCourt of Appeals for the Tenth Circuit · 1990

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