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CHARLES MILNE ASSOCIATES v. TOPONCE

Nos. 86CA0222, 86CA1071 and 86CA1471.

770 P.2d 1313 (1988)

CHARLES MILNE ASSOCIATES, a Colorado corporation, Plaintiff-Appellee, v. Jerry D. TOPONCE, Sr., Defendant-Appellant. CHARLES MILNE ASSOCIATES, a Colorado corporation, Plaintiff-Appellant, v. Jerry D. TOPONCE, Jr., Scott Toponce, and Toponce and Associates, Defendants-Appellees, and concerning John N. McNamara, Jr., and Kathryn Neilson, Appellants. CHARLES MILNE ASSOCIATES, a Colorado corporation, Plaintiff-Appellant, v. Jerry D. TOPONCE, Sr., Defendant-Appellee, and concerning John N. McNamara, Jr., Appellant.

Colorado Court of Appeals, Div. II.

November 3, 1988.

Attorney(s) appearing for the Case

Baker & Hostetler, Bruce D. Pringle, and Fred M. Winner, Denver, for Charles Milne Associates, John N. McNamara, Jr., and Kathryn Neilson.

David M. Berrett, Denver, for Jerry D. Toponce, Sr., Jerry D. Toponce, Jr., Scott Toponce, and Toponce and Associates.

VAN CISE, Judge.

This is a consolidation of several appeals arising from an action brought in May 1985 by plaintiff, Charles Milne Associates (CMA), a Colorado corporation, against defendant Jerry D. Toponce, Sr. (Toponce) based on Toponce's breach of a covenant not to compete contained in his employment contract with CMA. Toponce's sons, defendants Jerry D. Toponce, Jr., and Scott Toponce, and Toponce's company, Toponce and Associates, were later joined as additional...

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