BOULANGER v. DUNKIN' DONUTS INCORPORATED


442 Mass. 635 (2004)

CRAIG BOULANGER v. DUNKIN' DONUTS INCORPORATED.

Supreme Court of Massachusetts, Norfolk.

October 1, 2004.


Attorney(s) appearing for the Case

Kevin R. McCarthy for the plaintiff.

Robert A. Murphy (Matthew L. Lunenfeld with him) for the defendant.

Steven K. Fedder, of Maryland, Bruce E. Falby, Lewis G. Rudnick, & Lee J. Plave, for International Franchise Association, amicus curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.


IRELAND, J.

This case raises an issue of first impression: whether covenants not to compete are enforceable where they stem from franchise agreements. The plaintiff, a former owner of Dunkin' Donuts franchises located in upstate New York, signed covenants not to compete as part of his franchise agreements with the defendant, Dunkin' Donuts Incorporated (Dunkin' Donuts). In relevant part, the agreements restricted the plaintiff...

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