Ehlers v. Iowa Warehouse Co.

• Decision Date: 27 September 1971
• Docket Number: No. 54628,54628
• Citation: Ehlers v. Iowa Warehouse Co., 190 N.W.2d 413 (Iowa 1971)
• Parties: Gene M. EHLERS, Appellant, v. IOWA WAREHOUSE COMPANY, Appellee.
• Court: Iowa Supreme Court

Page 413

190 N.W.2d 413

Gene M. EHLERS, Appellant, v.IOWA WAREHOUSE COMPANY, Appellee.

No. 54628.

Supreme Court of Iowa.

Sept. 27, 1971.

Keith, Gallagher, Lybbert & Martin, Waterloo, for appellant.

Newman, Redfern, McKinley & Olsen, Cedar Falls, and Shuttleworth & Ingersoll, Cedar Rapids, for appellee.

STUART, Justice.

The opinion in the above case was filed June 17, 1971 and appears at 188 N.W.2d 368.Both parties filed petitions for rehearing.Plaintiff's petition is denied.Defendant's petition points out an inconsistency and ambiguity in the original opinion which can be corrected and clarified by supplemental opinion without the necessity of a rehearing.Defendant's petition for rehearing is therefore denied and the original opinion is modified for the reasons and in the manner hereinafter stated.

In the original opinion we held 'plaintiff should be enjoined from directly or indirectly contacting, soliciting business from or engaging in the truck leasing, or any business substantially similar thereto, with any of the persons or firms listed in exhibit D for the period ending May 14, 1972.'

It now appears that exhibit D which purported to be a list of all persons and firms contacted by plaintiff while employed by defendant did not include those who were in fact customers of defendant.The holding therefore did not enjoin plaintiff from taking defendant's customers, which, as shown by the opinion, was one of the court's major concerns.188 N.W.2d at 373.

We therefore modify our former holding and now hold plaintiff should be enjoined from directly or indirectly contacting, soliciting business from or engaging in the truck...