Armed Forces Communications, Inc. v. Cass Communications, Inc.

60 F.3d 832 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. ARMED FORCES COMMUNICATIONS, Inc.; Linda K. Cardoso, Plaintiffs-Counter-Defendants-Appellees, v. CASS COMMUNICATIONS, INC., Defendant-Counter-Claimant-Appellant. Nos. 93-56373, 94-55336. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 6, 1995. Decided July 5, 1995. Before: WALLACE, Chief Judge, HUG and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 In 1984, Cass Communications, Inc. ("Cass") and Linda Cardoso ("Cardoso") entered into an employment contract that contained a covenant not to compete. Eight years later, Cardoso left Cass to work for a competitor, Armed Forces Communications, Inc. ("AFCI"), and filed a declaratory action claiming that the non-competition agreement was invalid. The district court, applying California law, determined that the agreement would preclude Cardoso from practicing her profession and therefore was unenforceable as against California public policy. Cass…