McCALLUM v. ASBURY


238 Or. 257 (1964)

393 P.2d 774

McCALLUM v. ASBURY ET AL

Supreme Court of Oregon.

Reversed and remanded July 8, 1964.

Petition for rehearing denied September 9, 1964.


Attorney(s) appearing for the Case

Thomas H. Tongue, Portland, argued the cause for appellants and cross-respondents. With him on the briefs was Robert Mix, Corvallis.

James H. Clarke, Portland, argued the cause for respondent and cross-appellant. With him on the briefs were George B. Campbell, Douglas H. Stearns, and Koerner, Young, McColloch & Dezendorf, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.


REVERSED AND REMANDED.

GOODWIN, J.

This is a suit between individuals practicing medicine as partners. The plaintiff sued to dissolve the partnership and for other relief. The remaining partners answered with a counterclaim for an injunction to enforce against the plaintiff a restrictive covenant contained in the partnership agreement. The covenant, if enforced, would prohibit the plaintiff for ten years from practicing medicine in Corvallis or within 30 miles...

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