Legal Opinion · Dissent

Kroeger v. Stop & Shop Companies, Inc.

Massachusetts Appeals Court

Decided March 16, 1982Published

1DissentGoodman, J.

I cannot agree that Kroeger must forfeit over $29,000 because he worked for no more *324than six months1 for an Ohio company (Pneumo) operating a chain of retail food stores.2 There is nothing in the record which indicates that during those five or six months in 1971 Kroeger used any “confidential data” (New England Canteen Serv., Inc. v. Ashley, 372 Mass. 671, 674 [1977]) or indeed any information which in any way frustrated any of Stop & Shop’s plans for expansion, novel marketing arrangements or was otherwise inimical to Stop & Shop. There is not the slightest indication of any damage to Stop…

2Cases cited16 opinions

  1. Fortune v. National Cash Register Co.Massachusetts Supreme Judicial Court · 1977
  2. Reed, Roberts Associates, Inc. v. StraumanNew York Court of Appeals · 1976
  3. New England Canteen Service, Inc. v. AshleyMassachusetts Supreme Judicial Court · 1977
  4. Jet Spray Cooler, Inc. v. CramptonMassachusetts Supreme Judicial Court · 1972
  5. J. T. Healy & Son, Inc. v. James A. Murphy & Son, Inc.Massachusetts Supreme Judicial Court · 1970

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