No. 2 CA-CIV 3376.

125 Ariz. 362 (1980)

609 P.2d 1062

SNELLING AND SNELLING, INC., a corporation, Plaintiff/Appellee, v. DUPAY ENTERPRISES, INC., dba Snelling and Snelling, a corporation; Paul P. Payne, Jr. and Nancy H. Payne, Individuals, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 26, 1980.

Review Denied April 15, 1980.

Attorney(s) appearing for the Case

Law Offices Lesher, Kimble & Rucker, P.C. by Robert O. Lesher, Tucson, Drummond & Nelson by Gregory J. Nelson, Phoenix, for plaintiff/appellee.

Molloy, Jones, Donahue, Trachta, Childers & Mallamo, P.C. by John F. Molloy and Michael J. Meehan, Tucson, for defendants/appellants.



Appellants raise five issues in this appeal from a judgment n.o.v. in a dispute arising out of franchise contracts between appellants and Snelling and Snelling, Inc.: 1) Whether the covenants not to compete in the franchise contracts are enforceable; 2) whether appellants' Arizona registration of Snelling's service mark violated the Lanham Act; 3) whether Snelling breached implied covenants to permit reasonable expansion; 4) whether...

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