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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

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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