U.S. Court of Appeals for the Fourth Circuit, 1970

National Homes Corporation v. Lester Industries, Inc. And Lawson L. Lester, Jr.

U.S. Court of Appeals for the Fourth Circuit · Decided May 11, 1970 · Winter, Craven, Russell

425 F.2d 1210 (Federal Reporter, Second Series)

Counsel

John W. Carter, Danville, Va. (Carter & Wilson, Danville, Va., on brief), for appellants., Edwin B. Meade, Danville, Va. (Meade, Tate & Meade, Danville, Va., on brief), for appellee.

Cases that cite this one

2 later published cases cite this decision.

Deligiannis v. PepsiCo, Inc. (District Court, S.D. New York 1991)
National Homes Corporation v. Lester Industries, Inc. (District Court, W.D. Virginia 1972)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

Upon remand following the first appeal, National Homes Corporation v. Lester Industries, Inc., 404 F.2d 225 (4 Cir. 1968), the district judge proceeded to the assessment of damages. He awarded compensatory damages of $285,000 with interest against both defendants, and punitive damages of $25,000 against the individual defendant. This appeal followed.

The only question presented is whether there was error in permitting the plaintiff to recover damages for injuries sustained by its wholly-owned subsidiary Lester Brothers, Inc. as a result of the breach of the restrictive covenant, when the latter was not a party to the litigation. Under the special circumstances described in our prior opinion, we think there was not, and such allowance was in accord with the views we expressed there.

The judgment appealed from is

Affirmed.

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