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United States Fifth Circuit


SULZER CARBOMEDICS, INC. v. OREGON CARDIO-DEVICES, INC., 99-50978

Where defendant knew about plaintiff's contracts and defendant's lawyers drafted an agreement that explicitly contemplated a violation of covenants not to compete, such inducement to breach a contract may satisfy the improper motive or means test under Oregon law.

Appellate Information

  • Decided 07/10/2001
  • Published 07/10/2001

Judges

  • LYNN, District Judge:, Before KING, Chief Judge, WIENER, Circuit Judge, and LYNN, District Judge.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Rosemaire P. Donnelly (argued), Elizabeth Ann Wiley, Kendall Matthew Gray, Andrews & Kurth, Houston, TX, for Sulzer Carbomedics, Inc., Michael Anthony Lindsay (argued), Dorsey & Whitney, Minneapolis, MN, Patton G. Lochridge, Lisa A. Paulson, McGinnis, Lochridge & Kilgore, Austin, TX, for St. Jude Medical, Inc. and St. Jude Medical S.C., Inc., John J. McKetta, III, Graves, Dougherty, Hearon and Moody, Austin, TX, for Oregon Cardio Devices, Inc., Walter Clark and Northwest Cardio-Devices, Inc.

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