KAYE v. ORKIN EXTERMINATING COMPANY, INC.

No. 72-3047. Summary Calendar.

472 F.2d 1213 (1973)

Perry KAYE, Plaintiff-Appellee, v. ORKIN EXTERMINATING COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 1, 1973.


Attorney(s) appearing for the Case

John H. Wahl, Jr., Lawrence A. Schroeder, Miami, Fla., for defendant-appellant.

Daniel Neal Heller, Miami, Fla., for plaintiff-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.


AINSWORTH, Circuit Judge:

In this Florida diversity suit, defendant Orkin Exterminating Company, Inc. has appealed from a declaratory judgment in favor of plaintiff Perry Kaye, holding that a contract between the parties, which contained a provision prohibiting Kaye for 20 years from engaging in any business competitive with Orkin, had been terminated, and the provision was unreasonable and unenforceable. We affirm.

Plaintiff-appellee Kaye was Vice President...

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