Nature of the Case
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Facts
White (P) began his work in advertising with FMA (D) in Missouri, was eventually transferred to Atlanta and became a senior vice president. D began merger talks with Doyle Dane Bernbach, and a deal was reached. P had purchased stock in D over a period of time and owned 7114 share of D's common stock. The book value was $85,000. P voted in favor of the merger and got $145,000 in Doyle Dane stock. Prior to the merger, P had no written employment contract, and D and Dane conditioned its purchase of D on P's signature on agreements containing restrictive covenants in favor of D and Doyle Dane. D was told that he should sign the agreements because they were necessary to guarantee his job and secure broader career opportunities for him. It was a fact that P had D's biggest client under his care and supervision as well as other clients and he was considered a key employee. P signed and soon after the merger, he was fired. P sued over the covenants. The trial judge found them overbroad and blue-penciled them and then ordered them enforced. P appealed.
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