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COA to hear arguments at Indy cathedral

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The Indiana Court of Appeals will hear arguments in Indianapolis tomorrow, but not in their usual courtroom venue. The appellate court will be at the Scottish Rite Cathedral to hear arguments in Mercho-Roushdi-Shoemaker-Dilley-Thoraco-Vascular Corporation vs. Dr. James W. Blatchford, III & Dr. Eve G. Cieutat, No. 84A01-0801-CV-30.

The case involves the enforceability of a covenant not-to-compete in an employment agreement between Drs. James Blatchford III and Eve Cieutat and the Mercho-Roushdi-Shoemaker-Dilley-Thoraco-Vascular Corporation, which hired the doctors to provide surgical services.

At issue is whether the covenant that prohibits the doctors from practicing within a 50-mile radius of Terre Haute for three years after the termination of their employment is unenforceable as contrary to public policy. The doctors filed a suit against the corporation; the company filed a counterclaim the doctors were practicing in violation of the non-compete covenants. The trial court granted summary judgment in favor of the doctors on the company's counterclaim.

The arguments begin at noon Nov. 4 in the First Floor South Lounge of the cathedral, 650 N. Meridian St., Indianapolis.

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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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