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DeSantis v. Wackenhut Corp.

Supreme Court of Texas

793 S.W.2d 670 (1990)

Relevant factsFree

DeSantis (defendant) signed a two-year, 40-county noncompete when Wackenhut (plaintiff) hired him to manage its Houston office, but after resigning to start competing company RDI, evidence at trial showed Wackenhut clients who moved to RDI were simply dissatisfied with Wackenhut's service, DeSantis developed no business goodwill for Wackenhut, and Wackenhut had no proprietary pricing, bidding strategies, or customer information only an employee could access; a jury found DeSantis breached the agreement, and the trial court enjoined him within a narrowed 13-county area, affirmed by the court of appeals.

IssueFree

Whether a noncompetition agreement is enforceable only if it is reasonable.

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