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HANGER PROSTHETICS & ORTHOTICS v. KITCHENS

No. E2007-01808-COA-R3-CV.

280 S.W.3d 192 (2008)

HANGER PROSTHETICS & ORTHOTICS EAST, INC. v. William C. KITCHENS, et al.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

June 23, 2008.

Permission to Appeal Denied by Supreme Court January 20, 2009.

Attorney(s) appearing for the Case

Bernard E. Bernstein, W. Tyler Chastain, and Margo J. Maxwell, Knoxville, Tennessee, for the Appellants William C. Kitchens and Choice Medical, Inc.

Paul E. Prather, John W. Simmons, and R. Alex Boals, Memphis, Tennessee, and Richard L. Hollow, Knoxville, Tennessee, for the Appellee Hanger Prosthetics & Orthotics East, Inc.

OPINION

D. MICHAEL SWINEY, J., delivered the opinion of the court, in which HERSCHEL P. FRANKS, P.J., and CHARLES D. SUSANO, JR., J., joined.

Background

This appeal involves the validity of a covenant not to compete. The employee, William C. Kitchens ("Kitchens"), became a certified orthotist after entering into the covenant with his employer Hanger Prosthetics & Orthotics East, Inc. ("Hanger"). After the employee quit his job and began...

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