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Constitutional Law - Public Utilities - Standing Of Public Utilities To Challenge The Constitutionality Of The Tva, Michigan Law Review
Constitutional Law - Public Utilities - Standing Of Public Utilities To Challenge The Constitutionality Of The Tva, Michigan Law Review
Michigan Law Review
Eighteen electric utilities, with non-exclusive franchises and in direct competition with the TVA in selling power wholesale to municipalities, cooperatives and large industrial plants, sought to enjoin the activities and projects of the TVA and its directors as being unconstitutional and as contravening their rights under the fifth, ninth, and tenth amendments. Fraud, duress, and misrepresentations in securing customers were charged. A court of three judges dismissed the bill, holding that there was no fraud or duress and that the TVA was constitutional. Fourteen utilities appealed to the United States Supreme Court. Held, with Justices Butler and McReynolds dissenting, …
Trade Regulation - Right Of Employer To Enjoin Former Employee From Soliciting Employer's Customers, Michigan Law Review
Trade Regulation - Right Of Employer To Enjoin Former Employee From Soliciting Employer's Customers, Michigan Law Review
Michigan Law Review
Defendants had formerly been employed as solicitors for the plaintiff, a corporation engaged in the business of selling teas, coffees, spices, and other products at retail. There were no restrictive covenants in the employment contract and within a few months after leaving plaintiff's employ, defendants entered into a similar business in competition with the plaintiff and solicited customers with whom they became acquainted while in plaintiff's service. Plaintiff appealed from an order sustaining a demurrer to its bill which sought to restrain defendants from such soliciting. Held, order affirmed. In the absence of a contract and where the employee …