BROWN STOVE WORKS, INC. v. KIMSEY

43904.

119 Ga. App. 453 (1969)

167 S.E.2d 693

BROWN STOVE WORKS, INC. v. KIMSEY.

Court of Appeals of Georgia.

Decided February 28, 1969.

Rehearing Denied March 26, 1969.


Attorney(s) appearing for the Case

Gambrell, Russell, Moye & Killorin, E. Smythe Gambrell, James H. Bratton, Jr., Edward W. Killorin, for appellant.

Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Barry Phillips, Emmet J. Bondurant, R. Lawrence Ashe, Jr., for appellee.


EBERHARDT, Judge.

The sole question with which we find it necessary to deal is whether observance of a non-competitive employment provision in a non-contributory deferred profit-sharing plan may be a valid condition precedent to participation in the plan, even though the provision, by reason of the broadness of terms could not be invoked to enjoin or prohibit the employee's competitive activity.

In order to initiate the plan the defendant company and certain...

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