CONCORD ORTHOPAEDICS PROF. ASSOC. v. FORBES

No. 95-865.

142 N.H. 440 (1997)

CONCORD ORTHOPAEDICS PROFESSIONAL ASSOCIATION v. H. JAMES FORBES, M.D.

Supreme Court of New Hampshire.

December 4, 1997.


Attorney(s) appearing for the Case

Nelson, Kinder, Mosseau & Gordon, P.C., of Manchester (Martha V. Gordon on the brief and orally), for the plaintiff.

Upton, Sanders & Smith, of Concord (Russell F. Hilliard and David P. Slawsky on the brief, and Mr. Hilliard orally), for the defendant.

Glenn W. Bricker, M.D., of Ashland, by brief, pro se, as amicus curiae.


THAYER, J.

Pursuant to Supreme Court Rule 8, we accepted the Superior Court's (Smukler, J.) transfer of the following two questions: First, whether the trial court correctly concluded as a matter of law and public policy that the analysis of a covenant not to compete between a physician and a professional association is no different than that generally applied to such covenants? We hold that it did. Second, whether the trial court erred when it granted Concord...

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