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PHILLIPS v. CORPORATE EXPRESS PRODUCTS INC.

No. 5D01-864.

800 So.2d 618 (2001)

Doug PHILLIPS, Edward R. Goff, et al., Appellants, v. CORPORATE EXPRESS OFFICE PRODUCTS, INC., Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion on Denial of Rehearing November 9, 2001.

Attorney(s) appearing for the Case

Alan M. Gerlach, Keith E. Kress and Keith F. White, P.A., of Broad and Cassel, Orlando, for Appellants.

Allan H. Weitzman and Joseph G. Santoro of Proskauer Rose LLP, Boca Raton, for Appellee.

PLEUS, J.

The issue in this case is the enforceability of a non-compete agreement after an asset purchase, stock purchase, merger and name change.

Corporate Express Office Products, Inc. ("Corporate Express"), sells office products, furniture and equipment. It sued three former employees (Goff, Phillips and Farrell) and their new employer, Commercial Design Services, Inc. ("Commercial Design"), for unlawful use of trade secrets and breach of non-compete agreements...

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