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FERRERO v. ASSOCIATED MATERIALS INC.

No. 90-9012.

923 F.2d 1441 (1991)

Terrence Lee FERRERO, Plaintiff, Counter-defendant, Appellant, v. ASSOCIATED MATERIALS INCORPORATED, a Delaware Corporation; Alside, Inc., a Delaware Corporation, Defendants, Counter-claimants, Appellees.

United States Court of Appeals, Eleventh Circuit.

February 1, 1991.

Attorney(s) appearing for the Case

James Banks Deal, John Wesley Gibson, Gibson & Deal, Norcross, Ga., for plaintiff, counter-defendant, appellant.

Edward Scott Smith, Ford & Harrison, Atlanta, Ga., for defendants, counter-claimants, appellees.

Before JOHNSON and BIRCH, Circuit Judges, and MERHIGE, Senior District Judge.

JOHNSON, Circuit Judge:

This case arises on an expedited appeal from an interlocutory order granting a preliminary injunction.

I. STATEMENT OF THE CASE

A. Background Facts

In January of 1976, Terrence Lee Ferrero, the plaintiff below, was hired as a building products salesman by the defendant, Associated Materials, Inc. During his orientation, he signed an employment contract which included a covenant not to compete.

Initially...

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