SYSTEMS AND SOFTWARE, INC. v. BARNES

No. 04-401.

886 A.2d 762 (2005)

2005 VT 95

SYSTEMS AND SOFTWARE, INC. v. Randy BARNES.

Supreme Court of Vermont.

August 19, 2005.


Attorney(s) appearing for the Case

Wanda Otero-Ziegler and Stephen J. Soule of Paul Frank + Collins P.C., Burlington, for Plaintiff-Appellee.

Pietro Lynn and Matthew Siebel of Lynn, Thomas & Mihalich, P.C., Burlington, for Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, JOHNSON and SKOGLUND, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.


REIBER, C.J.

¶ 1. Defendant Randy Barnes appeals the superior court's order enjoining him from working for Utility Solutions, Inc. or any other direct competitor of his former employer, plaintiff Systems & Software, Inc., for a six-month period pursuant to the noncompetition agreement that he signed when he began working for plaintiff. He argues that the trial court should not have enforced the agreement because (1) plaintiff did not have a legitimate protectable...

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