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PHILIP G. JOHNSON & CO. v. SALMEN

No. 44083.

317 N.W.2d 900 (1982)

211 Neb. 123

PHILIP G. JOHNSON & CO., a partnership, Appellant and Cross-Appellee, v. Robert S. SALMEN, Appellee and Cross-Appellant.

Supreme Court of Nebraska.

April 2, 1982.

Attorney(s) appearing for the Case

Sutter & Olson, Lincoln, for appellant and cross-appellee.

Fitzke & Langvardt, Hastings, for appellee and cross-appellant.

Heard before BOSLAUGH, McCOWN, WHITE, and CAPORALE, JJ., and FINN, D.J.

CAPORALE, Justice.

The plaintiff-appellant, Philip G. Johnson & Co. (Johnson), brought an action for an accounting and to recover damages from one of its former partners, Robert S. Salmen, the defendant-appellee. Salmen counterclaimed for damages and prejudgment interest.

Johnson appeals from the decree of the trial court which refused to enforce a restrictive covenant contained in the partnership agreement...

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