Givens Marine Survival Co. v. Givens (In Re Givens)

FINDINGS OF FACT AND CONCLUSIONS OF LAW

ARTHUR N. VOTOLATO, Bankruptcy Judge.

Here on the District Court’s remand order requiring us to articulate the basis for our rulings on the following three points:(1) That there exists a legitimate interest that the covenant not to compete is designed to protect. See Durapin, Inc. v. American Prods., Inc., 559 A.2d 1051, 1053 (R.I.1989).(2) That the terms specified in the injunction (e.g., the geographic scope, and the six-year period) were reasonably necessary, under the circumstances, to protect GMS’s legitimate interests, and that they do not impose…