Legal Opinion

KGB, Inc. v. Giannoulas

California Court of Appeal

Decided April 21, 1980No. Civ. 22129PublishedCited by 15 opinions

1Opinion of the Court

Opinion

BROWN (Gerald), P. J.

Viewed in its most obvious aspect, this controversy about a chicken suit poses the simple issue whether a local radio station may prevent its ex-employee/mascot from wearing a chicken suit. Silly though the issues appear at first glance, the underlying principles are serious. We deal with a conflict between an employer’s asserted contract rights and the fundamental rights of an employee to earn a living, even in possible violation of the employer’s bargain with him. We are also concerned with interpreting the application of California’s restraint of trade statute…

2Cases cited42 opinions

  1. Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
  2. International News Service v. Associated PressSupreme Court of the United States · 1919
  3. Zacchini v. Scripps-Howard Broadcasting Co.Supreme Court of the United States · 1977
  4. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. WareSupreme Court of the United States · 1973
  5. Boston Professional Hockey Association, Inc. v. Dallas Cap & Emblem Mfg., Inc.Court of Appeals for the Fifth Circuit · 1975

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3Cited by15 opinions

  1. Estate of Presley v. RussenDistrict Court, D. New Jersey · 1981
  2. Application Group, Inc. v. Hunter Group, Inc.California Court of Appeal · 1998
  3. Metro Traffic Control, Inc. v. Shadow Traffic NetworkCalifornia Court of Appeal · 1994
  4. Balboa Insurance v. Trans Global EquitiesCalifornia Court of Appeal · 1990
  5. Fmc Corporation v. Capital Cities/abc, IncorporatedCourt of Appeals for the Seventh Circuit · 1990

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