Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
P seeks a preliminary injunction to prevent D from destroying 'any document, record, check, map or writing relating to' certain transactions entered into by D which he is alleged to control. A lawyer for P made an affidavit in support of the request. In the complaint P charged D with a conspiracy with a geologist who was then an employee of P and who had access to confidential geophysical and geological information belonging to P. The geologist-employee would advise D of P's proposed operations or acquisitions in a given area so as to permit D individually or through an intermediary to take leases or farmouts before P could do so. As a result, D and the ex-employee made large profits in a number of transactions and have also gained secret overriding royalty interests for which neither has accounted to anyone. The geologist-employee set up a controlled corporation, Tammany Enterprises, Inc., and D used a wholly owned corporation, Geological, Geophysical Associates, Inc. P alleges that it lies within the power of D to remove, conceal, or destroy the documents and other writings that might disclose information prejudicial to him or to cause this to be done and seeks both a temporary restraining order and preliminary injunction for the pendency of this suit. Permanent injunctive relief is not sought. A TRO was issued but that order expired during the hearing of the motion for preliminary injunction, and it was not renewed.
Issues
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Holding & Decision
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Legal Analysis
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