Swift v. Shop Rite Food Stores, Inc.

OPINION

MONTOYA, Justice.

Plaintiff-appellant Lloyd G. Swift, hereinafter referred to as “Swift,” a former employee of defendant-appellee Shop Rite Food Stores, Inc., hereinafter referred to as “Shop Rite,” filed suit in Bernalillo County seeking a declaration that certain restrictions against competition contained in Shop Rite’s profit sharing plan were unenforceable against Swift. Both parties moved for summary judgment and the trial court entered an order and judgment granting Shop Rite’s motion.

While Swift was employed by Shop Rite at Wichita Falls, Texas, he became eligible and voluntarily…