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HERRINGTON v. HALL

No. WD 32466.

624 S.W.2d 148 (1981)

Patrick HERRINGTON and Timothy Dean Perkins, Appellants, v. Mark HALL, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied October 27, 1981.

Application to Transfer Denied December 14, 1981.

Attorney(s) appearing for the Case

William H. Woodson and Terry W. Schackmann of Spencer, Fane, Britt & Browne, Kansas City, for appellants Herrington and Perkins.

Dean A. Hodapp, Kansas City, for respondent.

Before MANFORD, P. J., and DIXON and NUGENT, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 27, 1981.

MANFORD, Presiding Judge.

Appellants seek equitable enforcement of a contractual covenant not to compete and damages for the breach thereof. Trial was had to the court without a jury. The judgment is reversed and the cause remanded with directions.

Two points of error are presented, which in summary charge the trial court erred by holding that (a) the non-compete clause...

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