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Remedies Keyed to Tabb, 8th
Graham v. Cirocco
Citation:
69 P.3d 194 (2003)Facts
Bruce Graham, a colorectal surgeon practicing in Kansas City since 1987, recruited William Cirocco from New York in 1994 to join his practice due to excessive workload. At that time, only six colorectal surgeons practiced in metropolitan Kansas City, with four on the Missouri side and Graham and Cirocco on the Kansas side. The parties entered into annual employment contracts from 1994 through 2000, each containing noncompetition provisions. The final contract prohibited Cirocco from soliciting Graham’s patients or referral sources within 150 miles for two years after termination, from opening an office within 25 miles of listed hospitals, and from providing services at those hospitals. Cirocco resigned on May 24, 2000, worked until June 30, 2000, and opened his own colorectal surgery office next door to Graham three days later, within the prohibited zone. Evidence showed Cirocco began soliciting patients and referral sources before leaving. Despite this, Graham’s schedule remained full with 3-4 week wait times for appointments, and he remained on call continuously, again considering hiring another surgeon.
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