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Howard Schultz & Associates v. Broniec

Supreme Court of Georgia
236 S.E.2d 265 (1977)


Facts

Frank Broniec (defendant) was hired to audit clients of Edward Aubitz and his principal Howard Schultz & Associates, Inc. (HSA) (plaintiffs). The parties’ agreement included a covenant not to compete that restricted Broniec, for two years after termination of employment, from engaging in any business or other activity “in any capacity whatsoever” in competition with Aubitz and HSA wherever they did business. This territory included Georgia, Alabama, Florida, North Carolina, South Carolina, and Tennessee. After Broniec’s employment ended, Aubitz and HSA sued to enjoin him from acting in violation of the covenant. The trial court dismissed plaintiffs’ complaint, and they appealed.

Rule of Law

Issue

Holding and Reasoning (Hill, J.)

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