Legal Opinion
Three Phoenix Co. v. Pace Industries, Inc.
Court of Appeals of Arizona
Decided December 22, 1981No. 1 CA-CIV 4773PublishedCited by 5 opinions
1Opinion of the Court
OPINION
YALE McFATE, Judge (Retired).
The appellant, Three Phoenix Company, brought this litigation seeking injunctive and other relief based upon an alleged breach of covenants not to compete by the appellee, Pace Industries, Inc. Appellee moved to dismiss on the grounds that the covenants in question were unenforceable. The trial court, taking cognizance of affidavits submitted by appellant, considered the motion as one for summary judgment and granted judgment to appellee.
Since the trial court treated appellee’s motion to dismiss as a motion for summary judgment, we must view the record in…
2Cases cited19 opinions
- Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958
- Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
- United States v. Topco Associates, Inc.Supreme Court of the United States · 1972
- Addyston Pipe & Steel Co. v. United StatesSupreme Court of the United States · 1899
- United States v. Addyston Pipe & Steel Co.Court of Appeals for the Sixth Circuit · 1898
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3Cited by5 opinions
- Amex Distributing Co., Inc. v. MascariCourt of Appeals of Arizona · 1986
- Pace Industries, Inc. v. Three Phoenix Co.Court of Appeals for the Ninth Circuit · 1987
- Three Phoenix Co. v. Pace Industries, Inc.Arizona Supreme Court · 1983
- Pace Industries, Inc. v. Three Phoenix Co.Court of Appeals for the Ninth Circuit · 1987
- Three Phoenix Co. v. Pace Industries, Inc.Court of Appeals of Arizona · 1981