Court Grants American Furniture Manufacturing Preliminary Injunction Against Gerald Washington.TUPELO, Miss. -- Judge Sharion Aycock has granted American Furniture Manufacturing a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. against Gerald Washington Gerald Washington (c. 1949—December 30, 2006) was the mayor-elect of Westlake, Louisiana until he was shot and killed on December 30, 2006. He was scheduled to take office on January 2, 2007 as the first black mayor in the city's history, elected by voters who were over 80% , ordering him to honor the non-compete agreement he signed with American Furniture Manufacturing. Pontotoc-based American Furniture filed a lawsuit against Washington and others in The Circuit Court of Lee County, Mississippi Lee County is a county located in the U.S. state of Mississippi. As of 2000, the population was 75,755 (though a 2006 population estimate placed the population at 79,714). The county seat is Tupelo6. , to prevent them from doing business in the upholstered furniture industry. According to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the filing, American Furniture contended that Washington, along with several former American Furniture executives, was involved in the formation of Affordable Furniture Manufacturing Co., Inc., a direct market competitor. In addition to Gerald Washington, American Furniture also sought to enjoin To direct, require, command, or admonish. Enjoin connotes a degree of urgency, as when a court enjoins one party in a lawsuit by ordering the person to do, or refrain from doing, something to prevent permanent loss to the other party or parties. Affordable and its owners, Jim Sneed and Terry Austin. Judge Aycock ruled that Washington had indirectly violated his non-compete agreement through involvement with Affordable. The order also says that "Austin, Sneed and Affordable cannot assist, conspire con·spire v. con·spired, con·spir·ing, con·spires v.intr. 1. To plan together secretly to commit an illegal or wrongful act or accomplish a legal purpose through illegal action. 2. and/or act in concert with Gerald Washington to accomplish any actions that Gerald Washington is prohibited from taking or doing under his non-compete agreement." Affordable is allowed to continue operations, as long as they "cut the strings" with Washington. In the order, Judge Aycock has restricted Affordable from accepting any assistance from Gerald Washington or others acting in participation with him, and prohibits Washington from appearing in Affordable's Highpoint showroom. "We are extremely pleased with the judge's ruling," said Matt Harrison, chairman of American Furniture Manufacturing's holding company. "The judge's ruling validates our contention that Gerald Washington had been indirectly violating his non-compete agreement. With this ruling in place, it will be extremely difficult for Washington to assist Affordable." American Furniture continues to seek $50 million in damages and a permanent injunction permanent injunction n. a final order of a court that a person or entity refrain from certain activities permanently or take certain actions (usually to correct a nuisance) until completed. against the defendants. Attorneys are planning to conduct additional depositions and gather more evidence for a possible trial. The preliminary injunction will remain in effect until the lawsuit is completed. In late July, an investor group led by Hampshire Equity Partners of New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of and Hunt Private Equity Group in Dallas, as well as other investors, including American's new management team, purchased American Furniture. The new ownership team plans to expand on American Furniture's successful business model of efficiency and value in the promotional-priced upholstered furniture industry. American Furniture is the nation's largest company devoted totally to upholstered promotional furniture, and produces stationary furniture, motion furniture, recliners and occasional chairs for wholesale and retail customers across the United States and Canada. |
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