The Munchak Corporation and Rdg Corporation, a Joint Venture D/B/A the Carolina Cougars v. William John Cunningham’s Empirical Analysis
457 F.2d 721 · 1972
Citation profile
6 federal appellate · 1 district · 7 state decisions
How this case has been cited
Cited by 20 later decisions — most recently July 2016
6 federal appellate · 1 district · 7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on United States v. Ohio Power Co. · Moog Industries, Inc. v. Federal Trade Commission · 260 Cal. App. 2d 244 - Diodes, Inc. v. Franzen · School Board of the City of Charlottesville v. Allen · Washington Capitols Basketball Club, Inc. v. Barry
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In agreement with Washington Capitols Basketball Club, Inc. v. Barry, 419 F.2d 472 (9 Cir. 1969), we think that there was neither illegality nor unclean hands in the Cougars’ contracting for Cunningham’s services to be rendered after the term of his contract with the 76ers had expired, notwithstanding that the negotiations, whether directly or through intermediaries, took place while Cunningham’s contract with the 76ers was still in full force and effect. As the Washington Capitols case stated, quoting from Diodes, Inc. v. Franzen, 260 Cal.App.2d 244 , 67 Cal.Rptr. 19, 26 (1968), “ ‘no actionable wrong is committed by a competitor who solicits his competitor’s employees or who hires away one or more of his competitor’s employees who are not under contract, so long as the inducement to leave is not accompanied by unlawful action.’ ” Cunningham was under no obligation, option or restraint with respect to the 76ers after October 1, 1971, and the Cougars had a lawful right to bid and contract for his services to be rendered after that date. Nor do we think that there was illegal inducement or unclean hands in the agreement to pay $80,000.00. As we have stated, the note was to be cancelled only if the 76ers agreed to pay Cunningham more than a certain sum — $80,000.00, testified to by Cunningham’s representative and $100,000.00, according to a Cougar representative. But unless the 76ers agreed to pay at least that sum the note was payable in whole or in part to the extent necessar”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.