Group Association Plans, Inc. v. David B. Colquhoun and Raymond K. Tongue Co., Inc.,appellants

WILKEY, Circuit Judge:

This is an action for breach of contractual and common law duties to a former employer.

I. Facts

In June 1963 David Colquhoun, one of the two appellants here, began work as a group insurance salesman for appellee Group Association Plans, Inc. (GAP), with responsibility for the sales, solicitation and servicing of group insurance for membership associations. From 1 June 1964 until 31 May 1966 Colquhoun was employed by GAP pursuant to a written employment contract containing a restrictive “non-competition” covenant, which provided

that Colquhoun will not, for ten (10) years…