Opinion
February 11, 1975.
John M. Griffin for the plaintiffs.
Mel L. Greenberg for the defendant.
The plaintiffs appeal from a decree of the Superior Court dismissing their bill in equity against a former employee to enforce a covenant not to compete. The appeal must fail because of the trial judge's express findings, which were not plainly wrong ( Richmond Bros. Inc. v. Westinghouse Bdcst. Co. Inc. 357 Mass. 106, 109 [1970]; All Stainless Inc. v. Colby, 364 Mass. 773, 776 [1974]), that various factors usually considered grounds for enforcing such a covenant were not present (see Richmond Bros. Inc. v. Westinghouse Bdcst. Co. Inc., supra, at 110; National Hearing Aid Centers, Inc. v. Avers, 2 Mass. App. Ct. 285, 289-290 [1974]) and because of the absence of any finding (or any compelling basis for a finding) that enforcement of the covenant would protect the former employer from anything other than ordinary competition. See Richmond Bros. Inc. v. Westinghouse Bdcst. Co. Inc., supra, at 111; All Stainless, Inc. v. Colby, supra, at 779-780; Marine Contractors Co. Inc. v. Hurley, 365 Mass. 280, 287-288 (1974); National Hearing Aid Centers, Inc. v. Avers, supra, at 289.
Decree affirmed.