Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

KNORR BRAKE CORP. v. HARBIL

October 27, 1982

KNORR BRAKE CORP., PLAINTIFF,
v.
HARBIL, INC., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Shadur, District Judge.

MEMORANDUM OPINION AND ORDER

Knorr Brake Corporation ("Knorr Brake") has sued Harbil, Inc. ("Harbil") and P.E.P. Industries, Ltd. ("P.E.P.") for rescission, breach of contract and injunctive relief based on their alleged breach of an agreement between Knorr Brake and Harbil. Harbil has responded with a counterclaim charging Knorr Brake and its corporate parent, Knorr-Bremse GmbH ("Knorr-Bremse"), with various torts and breaches of contract and fiduciary duties. Harbil now seeks to join seven individuals as additional counter-defendants.*fn1 For the reasons stated in this memorandum opinion and order Harbil's motion is denied and Count V of its First Amended Counter-Complaint (the "Counter-Complaint") is stricken.

Procedural History

Knorr Brake filed its Complaint in December 1981. On December 9 this Court entered a temporary restraining order against Harbil and P.E.P. and promptly thereafter conducted an evidentiary hearing on Knorr Brake's motion for preliminary injunction. This Court's January 28, 1982 memorandum opinion and order ("Opinion I") reflected its findings of fact and conclusions of law, as required by Fed.R.Civ.P. ("Rule") 52(a), granting the motion. It issued the preliminary injunction itself February 22, contemporaneously with a supplemental memorandum opinion ("Opinion II").

In August 1982 Harbil filed the Counter-Complaint and moved to join the seven individual "additional counter-defendants."*fn2 This opinion is limited to that motion.*fn3

Background Facts and the Counter-Complaint

This opinion will not repeat the detailed facts found in Opinion I. Briefly Knorr Brake and Harbil entered into a joint venture written contract (the "Agreement"), later supplemented by a letter of modification and extension. Under the joint venture arrangement they agreed to design, obtain regulatory approval for and market an air brake system for use on railway cars in the United States and Canada. Harbil used P.E.P. as the source of technical assistance Harbil had agreed to provide Knorr Brake under the Agreement. Knorr Brake sued Harbil and P.E.P. after the latter, independently of Knorr Brake and solely for P.E.P.'s own benefit, sought regulatory approval of the design of a principal component of the air brake system being designed by Knorr, Harbil and P.E.P. under the Agreement.

Harbil's Counter-Complaint alleges:

    1. Knorr breached their fiduciary and
  contractual duties to Harbil (Count I).
    2. Knorr were unjustly enriched by use of
  Harbil's technical information and trade secrets
  (Count II).
    3. Knorr damaged Harbil's business reputation
  and good will (Count III).
    4. Knorr-Bremse maliciously interfered with
  Harbil's contractual relationship with Knorr
  Brake (Count IV).
    5. Knorr and the seven individual
  counterdefendants conspired to cause Harbil's
  cited ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.