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JACKSON v. MOSKOVITZ AGENCY, INC.

672 S.W.2d 400 (1984)

Robert F. JACKSON, III, Plaintiff-Appellant, v. The MOSKOVITZ AGENCY, INC., Perry Moskovitz, Robert P. Jackson, III, Mable Naron, and June Trimble, Defendants-Appellees, and Alexander & Alexander, Inc., Defendant.

Supreme Court of Tennessee, at Nashville.

Rehearing Denied July 16, 1984.

Attorney(s) appearing for the Case

Steven A. Riley, R. Dale Grimes, Bass, Berry & Sims, Nashville, for plaintiff-appellant.

Harris A. Gilbert, William W. Gibson, Gilbert, Frank & Milom, Nashville, for defendants-appellees.

OPINION

FONES, Chief Justice.

The issue on appeal is whether a non-assignable covenant not to compete between an employee and the corporation that employed him can be enforced by the former shareholders of that corporation after it has been liquidated and all its assets distributed.

The trial court held the covenant was unenforceable. The Court of Appeals reversed holding that the Moskovitz shareholders as distributees of the assets of Moskovitz...

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