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SWIFT v. SHOP RITE FOOD STORES, INC.

No. 9231.

489 P.2d 881 (1971)

83 N.M. 168

Lloyd G. SWIFT, Plaintiff-Appellant, v. SHOP RITE FOOD STORES, INC., et al., Defendants-Appellees.

Supreme Court of New Mexico.

October 18, 1971.

Attorney(s) appearing for the Case

Hannett, Hannett, Cornish & Barnhart, Albuquerque, for appellant.

Branch & Dickson, Bill Chappell, Jr., Albuquerque, for appellees.

OPINION

MONTOYA, Justice.

Plaintiff-appellant Lloyd G. Swift, hereinafter referred to as "Swift," a former employee of defendant-appellee Shop Rite Food Stores, Inc., hereinafter referred to as "Shop Rite," filed suit in Bernalillo County seeking a declaration that certain restrictions against competition contained in Shop Rite's profit sharing plan were unenforceable against Swift. Both parties moved for summary judgment and the trial court entered an order...

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