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MERRIMACK VALLEY WOOD PRODS. v. NEAR

No. 2004-447

152 N.H. 192 (2005)

MERRIMACK VALLEY WOOD PRODUCTS, INC. & a. v. GLEN NEAR

Supreme Court of New Hampshire.

Opinion Issued: May 9, 2005

Attorney(s) appearing for the Case

McLane, Graf, Raulerson & Middleton, P.A., of Manchester (Thomas J. Donovan and Jennifer L. Parent on the brief, and Ms. Parent orally), for the plaintiffs.

Nixon Peabody LLP, of Manchester (Jamie N. Hage and Gordon J. MacDonald on the brief, and Mr. Hage orally), for the defendant.

DALIANIS, J.

The plaintiffs, Merrimack Valley Wood Products, Inc. and American Cabinet Corp., appeal an order of the Superior Court (Coffey, J.) finding a restrictive covenant in an employment agreement entered into with the defendant, Glen Near, unenforceable. We affirm.

The record supports the following facts. Plaintiff Merrimack Valley Wood Products, Inc. (Merrimack Valley) manufactures and sells what is referred to as "millwork": doors, window units...

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