National Propane Corp. v. Miller

Opinion by

Judge ROTHENBERG.

Plaintiffs, National Propane Corp.; National Propane SGP, Inc.; and National Propane, L.P., n/k/a Columbia Propane, L.P., (collectively, purchaser) appeal from a judgment in favor of defendants, Wylie R. Miller (Miller); Hometown Propane, Inc. (Hometown); and D & J Leasing, Inc. (D & J), finding that Miller did not materially breach his noncompetition covenant with purchaser. We reverse and remand for further proceedings.

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On August 21, 1995, Miller sold his retail propane company, All Seasons Propane, Inc., to purchaser. As part of the sale, Miller and the other…