Elleman, James V. Eilbacher, Eilbacher Scott Inc. This matter is before the Court [1] on the issues raised by the motion for preliminary injunction filed by the Plaintiff, The Standard Register Company hereafter "Standard Register". An evidentiary hearing was held on Standard Register's motion for a preliminary injunction on September 21, This Court has jurisdiction pursuant to 28 U.
Uarco was a Delaware corporation, having its headquarters and principal place of business in Barrington, Illinois. Cleaver accepted employment with Uarco on the spot, and signed a Salesman's Agreement "the Salesman's Agreement" on August 24, See Plaintiff's Exh. Cleaver thus became an employee at will for Uarco, selling such things as printed business forms, pressure sensitive labels, stock computer forms, bar code labels, and other Uarco business specialty printing items.
More importantly for our discussion here, however, is the following language contained in the Salesman's Agreement:. Immediately following his employment, Cleaver was assigned a sales territory in the Lima, Ohio, area where he lived and worked until he was ultimately transferred to Fort Wayne, Indiana, in the spring of Cleaver's new sales territory thus became the counties of northeast Indiana.
Following his transfer, Cleaver solicited customers and sold Uarco products almost exclusively within northeast Indiana. Moreover, until his Uarco employment ended on April 15, , almost all of Cleaver's communications with Uarco were with Anderson in Indianapolis or with corporate headquarters in Barrington, Illinois. Eventually, in the fall of , Cleaver heard rumors that Standard Register would be acquiring Uarco.
Uarco and Standard Register, an Ohio corporation with its principal place of business in Dayton, Ohio, were at the time two of the leading business form printing companies. See Plnf. Cleaver remained employed by Uarco until its merger on March 31, , and was then with Standard Register until he resigned his employment on April 14, , effective the next day.
