ESTATE OF SCHROEDER

No. 183.

53 Wis.2d 59 (1971)

191 N.W.2d 860

ESTATE OF SCHROEDER: SCHROEDER, Executor, Respondent, v. GATEWAY TRANSPORTATION COMPANY, INC., and others, Appellants.

Supreme Court of Wisconsin.

Decided November 30, 1971.


Attorney(s) appearing for the Case

For the appellants there were briefs by Charles Q. Kamps, William A. Stearns, and Quarles, Herriott, Clemons, Teschner & Noelke, all of Milwaukee, and oral argument by Mr. Stearns.

For the respondent there was a brief by James G. Howard and Binder, Zirbel & Howard, all of Milwaukee, and oral argument by James G. Howard.


BEILFUSS, J.

We believe a determination of two issues will resolve the appeal:

1. Is the action barred by the two-year statute of limitations (sec. 893.21 (5), Stats.) ?

2. Is the regulation "a covenant not to compete" and is it invalid under sec. 103.465, Stats. ?

The appellants, Gateway and the trustees, contend that the two-year statute of limitations applies. Sec. 893.21 (5), Stats., provides:

"893.21 Within 2 years.

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