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FIDELITY UNION LIFE INSURANCE COMPANY v. EVANS

No. 17677.

468 S.W.2d 869 (1971)

FIDELITY UNION LIFE INSURANCE COMPANY, Appellant, v. Leland EVANS, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied July 16, 1971.

Attorney(s) appearing for the Case

Wm. Andress, Jr., Andress & Woodgate, Dallas, for appellant.

Ben Warder, Jr., Carter, Jones, Magee, Rudberg, Moss & Mayes, Dallas, for appellee.

GUITTARD, Justice.

This appeal from an order sustaining a plea of privilege turns on the validity of a contractual provision authorizing suit to be brought in a particular county. We hold the provision invalid.

Fidelity Union Life Insurance Company sued its former agent, Leland Evans, in Dallas County to enforce a covenant not to compete for a two year period after termination of his employment. Defendant pleaded his privilege to be sued in Travis County,...

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