A former DraftKings VIP executive who has taken his legal battle to appeals court is asking to overturn an April 30 court ruling that restricts the type of work he can do for his new employer, the DraftKings rival Fanatics, and where he can do it.

The executive, Michael Hermalyn, filed the brief to the First Circuit Court of Appeals on Wednesday in seeking to overturn the execution of a non-compete agreement he had with DraftKings.

“The provisions of the preliminary injunction enforcing DraftKings’ non-compete covenant against Hermalyn should be vacated. In the alternative, those provisions should be narrowed to exclude California,” Hermalyn’s lawyers conclude in their appeal brief.

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