J.T. MILLER CO. v. MADEL

No. 13796.

575 P.2d 1321 (1978)

The J.T. MILLER COMPANY, a partnership and Upper Northwest Payment Plans Company, a Minnesota Corporation, Plaintiffs and Appellants, v. James R. MADEL, Defendant and Respondent.

Supreme Court of Montana.

Decided March 1, 1978.


Attorney(s) appearing for the Case

Crowley, Haughey, Hanson, Gallagher & Toole, Billings, H. Elwood English (argued), Billings, Daniel R. Shulman (argued), Minneapolis, Minn., for plaintiffs and appellants.

Berger, Anderson, Sinclair & Murphy, P.C., Billings, Mont., A. Clifford Edwards (argued), Billings, for defendant and respondent.


DALY, Justice.

This is an appeal from the findings, conclusions and order for judgment entered by the District Court, Yellowstone County. The court ruled the restrictive covenant contained in the employment agreement between the parties was ineffective in the state of Montana because it was violative of the public policy of this state and therefore unenforceable.

The material facts were stipulated to for the purpose...

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