Orkin Exterminating Company, Inc. D/B/A Orkin Lawn Care v. Arthur Walter Rathje, III

BOWNES, Senior Circuit Judge.

Plaintiff-appellant, Orkin Exterminating Company, Inc. (“Orkin”) operates a nationwide chemical application lawn care business. Defendant-appellee, Arthur Walter Rathje, III, was the manager of the Hingham, Massachusetts, branch office from May, 1987, until his resignation on April 9, 1993. In the winter of 1992, defendant’s wife created a business entity called “Nature’s Way,” later changed to “Global Green” (collectively— Global). Global was in the chemical application lawn care business and operated in the same area as did Orkin’s Hingham branch.

On August 3,…