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WESTERN MONTANA CLINIC v. JACOBSON

No. 13024.

544 P.2d 807 (1976)

WESTERN MONTANA CLINIC, Plaintiff and Appellant, v. David P. JACOBSON, M.D., Defendant and Respondent.

Supreme Court of Montana.

Submitted November 5, 1975.

Attorney(s) appearing for the Case

Boone, Karlberg & Haddon, Karl R. Karlberg, argued, Missoula, for plaintiff and appellant.

Garlington, Lohn & Robinson, Sherman V. Lohn, argued, Lawrence F. Daly, argued, Missoula, for defendant and respondent.

CASTLES, Justice.

This is an appeal from a summary judgment for defendant entered on the ground that a restrictive covenant against competition violated the laws of Montana and was not within the statutory exceptions contained in sections 13-808 and 13-809, R.C.M. 1947.

The sole issue on this appeal is whether the restrictive covenant contained in Article XX of the Articles of Association of the Western Montana Clinic, an unincorporated association, is enforceable...

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