United States Sixth Circuit

Defendant did not violate the non-compete provisions of his employment agreement with plaintiff. For a competing business to "operate" in a proscribed geographic area, it must be physically located in that area; merely conducting business within the proscribed area is insufficient.

Appellate Information

• Decided 01/07/2004
• Published 01/07/2004

Judges

• Before CLAY and COOK, Circuit Judges;  STAFFORD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Robert H. Smeltzer (argued and briefed), Gerald Haberkorn (briefed), Lowis & Gellen, Chicago, IL, Harold E. Nelson (briefed), Borre, Peterson, Fowler & Reens, Grand Rapids, MI, for Appellant.


• For Appellees:
  
• Steven C. Berry (argued and briefed), Bigler, Berry, Johnston, Sztykiel & Hunt, Zeeland, MI, Robert W. Smith (briefed), Silverman, Smith, Bingen & Rice, Kalamazoo, MI, for Appellees.