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Civil Procedure Keyed to Counsellor, 3rd Ed.
Torrington Company v. Yost
Citation:
139 F.R.D. 91 (1991)Facts
Mark Yost worked for The Torrington Company from 1982 to 1990, during which time he signed an agreement not to divulge any secret or confidential information of Torrington. After leaving Torrington, Yost began working for INA Bearing Company, a competitor that manufactures the same type of bearings. Torrington filed suit against Yost seeking an injunction to limit his employment at INA for eighteen months and damages for alleged use of Torrington’s trade secrets. Yost moved to dismiss under Rule 19, arguing that his new employer, INA, was an indispensable party whose absence would prejudice him and impair INA’s interests. Torrington’s requested relief included preventing Yost from working at INA plants that manufacture certain bearings and requiring the return of all Torrington’s trade secrets and confidential information.
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