No. 6438 Precedential Affirmed Processed

Glazer Steel Corp. v. Espenan

Louisiana Court of Appeal, First Circuit · Filed December 10, 1974 · 306 So. 2d 78

Also decided on this docket: La. Ct. App. 1st Cir., November 8, 1915 13 Tiess. 35; La., March 15, 1877 29 La. Ann. 232; La. Ct. App. 3d Cir., September 7, 1978 362 So. 2d 823

Authorities cited

Identified automatically; this list may not be exhaustive.

Opinion text

REDMANN, Judge. Plaintiff appeals from a judgment refusing to enjoin its former employee (a steel salesman) from working for a competitor. The employment contract had contained a no-competition clause. We affirm. In support of its position that training and advertising expenditures (including entertainment of and Christmas gifts to customers) brings its contract within the exception of La.R.S. 23:921, plaintiff cites this court’s National School Studios, Inc. v. Barrios, La.App.1970, 236 So.2d 309 , and similar cases from other circuits. The cases plaintiff cites are expressly overruled by Orkin Exterminating Co. v. Foti, La.1974, 302 So.2d 593 . There are no extraordinary training or advertising expenses in our case which remove it from governance by Foti. The judgment is affirmed.