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SMITH v. SELLERS

No. 85CA0148.

747 P.2d 15 (1987)

Gary L. SMITH, and Gary L. Smith, D.D.S., P.C., Plaintiffs-Appellees, v. R. Kent SELLERS, D.M.D., Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied September 24, 1987.

Certiorari Denied December 21, 1987.

Attorney(s) appearing for the Case

Massey, Graham & Showalter, P.C., Dennis A. Graham, Denver, for plaintiffs-appellees.

Michael S. Kreiger, Englewood, for defendant-appellant.

TURSI, Judge.

The defendant, R. Kent Sellers, D.M.D., appeals the judgment of the trial court in favor of plaintiffs, Gary L. Smith and Gary L. Smith, D.D.S., P.C. (Smith). He asserts the trial court erred in granting partial summary judgment on the issue of liability because there was a genuine issue of material fact regarding whether the covenant not to compete was void pursuant to § 8-2-113, C.R.S. (1986 Repl. Vol...

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