ROY'S ORTHOPEDIC, INC. v. LAVIGNE

No. 126-81.

454 A.2d 1242 (1982)

ROY'S ORTHOPEDIC, INC. v. Ernest LAVIGNE.

Supreme Court of Vermont.

December 14, 1982.


Attorney(s) appearing for the Case

Perry & Schmucker, South Burlington, for plaintiff-appellee.

Niquette, Niquette & Associates, Winooski, for defendant-appellant.

Before BARNEY, C.J., BILLINGS, HILL and PECK, JJ., and DALEY, J. (Ret.), Specially Assigned.


HILL, Justice.

This is an appeal from an order enforcing a covenant not to compete and enjoining defendant from directly or indirectly competing with plaintiff, Roy's Orthopedic, Inc., within plaintiff's present service area for three years. Subsequent to the issuance of the order, defendant filed a timely notice of appeal. We reverse.

The facts as found by the trial court are as follows. From about November 1, 1974...

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