Borden, Inc. v. Huey

George Rose Smith, Justice.

In a sense this case is a sequel to Borden, Inc. v. Smith, 252 Ark. 295, 478 S.W. 2d 744 (1972). There Vogel’s, Inc., a subsidiary of the appellant Borden, Inc., inserted in its employment contracts a provision prohibiting former employees from competing with Borden for one year after the termination of their employment and within a territory comprising 63 of Arkansas’s 75 counties and parts of three neighboring states. We held the restrictions invalid, on the ground that the prohibited territory was unreasonably large.

After that decision, according to the testimony…