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ORKIN EXTERMINATING CO., INC. v. RATHJE

No. 95-1356.

72 F.3d 206 (1995)

ORKIN EXTERMINATING COMPANY, INC. D/B/A Orkin Lawn Care, Plaintiff, Appellant, v. Arthur Walter RATHJE, III, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 20, 1995.

Attorney(s) appearing for the Case

Richard P. Decker, with whom David H. Woodham, Decker & Hallman, and James E. Riley, Jr., of Counsel, were on brief for Orkin Exterminating Company, Inc.

Philip A. Tracy, Jr., with whom Paul T. Prew and DiMento & Sullivan, were on brief for appellee.

Before CYR, Circuit Judge, BOWNES, Senior Circuit Judge, and BOUDIN, Circuit Judge.

BOWNES, Senior Circuit Judge.

Plaintiff-appellant, Orkin Exterminating Company, Inc. ("Orkin") operates a nationwide chemical application lawn care business. Defendant-appellee, Arthur Walter Rathje, III, was the manager of the Hingham, Massachusetts, branch office from May, 1987, until his resignation on April 9, 1993. In the winter of 1992, defendant's wife created a business entity called "Nature's Way," later changed to "Global Green" (collectively — Global...

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