Orkin Exterminating Company v. Calvin W. Wilson and Franklin D. Banks

Orkin Exterminating Company, Inc., appellant, perfected this appeal from an order granting in part, and refusing in part, its petition for a temporary injunction seeking to restrain appellees from violating their agreement not to engage in the exterminating business after termination of their employment. Orkin was formerly the employer of appellees. After they had voluntarily terminated their employment with Orkin, appellees went to work for Nacogdoches Exterminating Company doing the same kind of work they had been doing for Orkin. By a written covenant made a condition of employment with Orkin, appellees agreed not to compete with Orkin for a period of two years following termination of their employment within a certain stipulated area. After a hearing before the court, sitting without a jury, the trial court granted a temporary injunction restraining appellees from soliciting, servicing or selling to any of Orkins customers formerly serviced by them in the cities of Mount Enterprise, Nacogdoches, Lufkin, Center and San Augustine, as well as a radius of ten miles of and from the official geographical boundaries of each city or town but did not restrain them from engaging in the exterminating business in competition with Orkin. Appellees registered complaint to the order and did not appeal therefrom. Orkin alone perfected this appeal.