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GORDON TERMITE CONTROL v. TERRONES

Docket No. 52338.

84 Cal.App.3d 176 (1978)

148 Cal. Rptr. 310

GORDON TERMITE CONTROL, Plaintiff and Respondent, v. FRANK TERRONES, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

August 22, 1978.

Attorney(s) appearing for the Case

COUNSEL

Duskin & Rosky, Samuel Duskin and Jonathan Milberg for Defendant and Appellant.

J. Robert Kotchick for Plaintiff and Respondent.

OPINION

KINGSLEY, Acting P.J.

Defendant appeals from an adverse judgment in an action on an alleged contract not to compete. We reverse the judgment.

Defendant was employed by plaintiff as a "sales, service and managing" employee over a period of 10 years prior to March of 1972. His employment was terminated for one day when he was rehired under a written agreement reading as follows:

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