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Urgent enforcement of post-contract restraints dismissed for insufficient evidence and procedural non-compliance.
Restraint of trade – enforcement of post-termination restraints – requirement to prove protectable confidential information/customer connections; Evidence – need for particularity and corroboration of alleged solicitation; Territorial limits of restraints – conduct outside defined territory not automatically a breach; Procedural law – urgent application must comply with Court’s urgency rules and proper certificate of urgency; Franchisor/franchisee distinction – franchisee conduct not prima facie imputable to franchisor without evidence of collusion.
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