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Marshfield Clinic v. Paul F. Doege

By Supreme Court of Wisconsin

Release : 1955-04-05

Genre : Law, Books, Professional & Technical

Kind : ebook

(0 ratings)
This action was brought by Marshfield Clinic, a Wisconsin stock corporation, which is organized for medical purposes and conducts
a medical clinic under its charter in the city of Marshfield; and also by three individual physicians, Charles A. Vedder,
F. John Gouze, and Robert S. Baldwin, who are stockholders and employees of the corporation, on behalf of themselves and other
employees similarly situated, as plaintiffs, against Paul F. Doege, a physician, who was formerly a stockholder and employee
of the corporation, as defendant. The complaint alleges that the members of the corporation, including Dr. Doege, entered
into a written contract to the effect that they would not, for a period of five years after the termination of their employment
by, and of their status as stockholders-employees of the corporation, practice medicine within a radius of 50 miles from the
city of Marshfield, and that in the event of a breach of the agreement in such regard, one violating, shall pay to the corporation
as liquidated damages the sum of $5,000; and further, that the corporation shall be entitled to an injunction restraining
violation of the contract. The corporation was not a signator of the contract. The plaintiffs allege in the complaint that the defendant is practicing medicine in Marshfield in violation of the contract
entered into by him, and that they all jointly and severally seek liquidated damages of $5,000 for the corporation, and an
injunction restraining the defendant from 'practicing his profession or becoming a competitor in any degree of the Marshfield
Clinic or the individual plaintiffs herein, or other employee members of the Marshfield Clinic.' The defendant brought an
order to show cause seeking to have stricken from the complaint as irrelevant, all reference to and allegations concerning
the individual doctor-plaintiffs. The motion was granted, and judgment was ordered dismissing the complaint of the plaintiffs,
Vedder, Gouze, and Baldwin. The corporation remains in the case as the only party plaintiff. This appeal is from the judgment.

Marshfield Clinic v. Paul F. Doege

By Supreme Court of Wisconsin

Release : 1955-04-05

Genre : Law, Books, Professional & Technical

Kind : ebook

(0 ratings)
This action was brought by Marshfield Clinic, a Wisconsin stock corporation, which is organized for medical purposes and conducts
a medical clinic under its charter in the city of Marshfield; and also by three individual physicians, Charles A. Vedder,
F. John Gouze, and Robert S. Baldwin, who are stockholders and employees of the corporation, on behalf of themselves and other
employees similarly situated, as plaintiffs, against Paul F. Doege, a physician, who was formerly a stockholder and employee
of the corporation, as defendant. The complaint alleges that the members of the corporation, including Dr. Doege, entered
into a written contract to the effect that they would not, for a period of five years after the termination of their employment
by, and of their status as stockholders-employees of the corporation, practice medicine within a radius of 50 miles from the
city of Marshfield, and that in the event of a breach of the agreement in such regard, one violating, shall pay to the corporation
as liquidated damages the sum of $5,000; and further, that the corporation shall be entitled to an injunction restraining
violation of the contract. The corporation was not a signator of the contract. The plaintiffs allege in the complaint that the defendant is practicing medicine in Marshfield in violation of the contract
entered into by him, and that they all jointly and severally seek liquidated damages of $5,000 for the corporation, and an
injunction restraining the defendant from 'practicing his profession or becoming a competitor in any degree of the Marshfield
Clinic or the individual plaintiffs herein, or other employee members of the Marshfield Clinic.' The defendant brought an
order to show cause seeking to have stricken from the complaint as irrelevant, all reference to and allegations concerning
the individual doctor-plaintiffs. The motion was granted, and judgment was ordered dismissing the complaint of the plaintiffs,
Vedder, Gouze, and Baldwin. The corporation remains in the case as the only party plaintiff. This appeal is from the judgment.

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