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DOTHAN AVIATION CORP. v. MILLER

No. 78-2090.

620 F.2d 504 (1980)

DOTHAN AVIATION CORPORATION, Plaintiff-Appellant, v. Harry MILLER, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 2, 1980.

Attorney(s) appearing for the Case

J. William Haley, Atlanta, Ga., for plaintiff-appellant.

Burt, Burt & Rentz, D. D. Rentz, Albany, Ga., for defendant-appellee.

Before COLEMAN, Chief Judge, REAVLEY and ANDERSON, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

Dothan Aviation Corp. brought this diversity action for injunctive and monetary relief against Harry Miller, contending that Miller breached two covenants not to compete, one in a Lease Rental Agreement, the other in an oral contract. Miller moved for summary judgment on the ground that both covenants were unenforceable. Dothan filed a counter-motion for partial summary judgment under the covenant in the Lease Rental Agreement...

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