Symphony Diagnostic Services No. 1 Inc. v. Greenbaum

KELLY, Circuit Judge.

After Ozark Mobile Imaging was sold to Mobilex by means of an asset purchase, two former Ozark employees, Kimberly Greenbaum and Josephine Tabanag, went to work for Mobilex’s competitor, BioTech X-Ray. Mobilex sued Greenbaum and Ta-banag to enforce the non-compete and confidentiality agreements they had signed with Ozark. The district court granted summary judgment in favor of Greenbaum and Tabanag on the basis that a personal services contract cannot be assigned to a subsequent employer under Missouri law without the employee’s contemporaneous consent. Because we find…