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QUESTION

Andy, an accountant practicing in a small town, sells his practice to Dee and agrees not to solicit former clients

Andy, an accountant practicing in a small town, sells his practice to Dee and agrees not to solicit former clients

or practice within five miles of town for 2 years. 

 Is this agreement enforceable? 

  No, because as a US citizen Andy has a right to work 

  Yes, it is an enforceable non-competition agreement, as long as it is not unduly burdensome to Andy. 

  No, because it violates anti-trust laws. 

  Yes, because Dee has a right to not have competition so he can establish his business. 

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