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IN RE BURLINGTON BAGEL BAKERY, INC.

No. 87-035.

549 A.2d 1044 (1988)

In re BURLINGTON BAGEL BAKERY, INC.

Supreme Court of Vermont.

May 13, 1988.

Attorney(s) appearing for the Case

Peter F. Langrock and John L. Kellner of Langrock Sperry Parker and Wool, Middlebury, for plaintiff-appellant.

Thomas F. Heilmann and Christopher D. Ekman of Thomas F. Heilmann, P.C., Burlington, for defendant-appellee.

Before PECK and DOOLEY, JJ., and BARNEY, C.J. (Ret.) and KEYSER, J. (Ret.), Specially Assigned.

PECK, Justice.

Petitioner, Burlington Bagel Bakery, appeals from an order of the Chittenden Superior Court denying its petition to obtain preaction discovery pursuant to V.R.C.P. 27(a). Although we do not reach the merits of the issue, we reverse and remand.

Petitioner asserts that Bruegger's Bagel Bakery is about to open a bagel bakery in Vermont in violation of a noncompetition agreement entered into between petitioner and a co-owner of Bruegger's. Because...

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