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DANA F. COLE & CO. v. BYERLY

No. 82-030.

320 N.W.2d 916 (1982)

211 Neb. 903

DANA F. COLE & COMPANY, a partnership, Appellant, v. Kenneth BYERLY, Appellee.

Supreme Court of Nebraska.

June 18, 1982.

Attorney(s) appearing for the Case

Rollin R. Bailey of Bailey, Polsky, Cada & Todd, Lincoln, for appellant.

Charles R. Maser of Harold E. Connors & Charles R. Maser, P. C., Greeley, for appellee.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, WHITE, HASTINGS, and CAPORALE, JJ.

WHITE, Justice.

This is an action in equity brought by the plaintiff, Dana F. Cole & Company, a Lincoln-based accounting partnership, to enforce a covenant not to compete against a former employee.

The case was tried to the District Court of Holt County, Nebraska. The trial court found that the contract was valid, denied the plaintiff's request for an injunction, and awarded damages of $1,000 to the plaintiff.

Since this is an equity case, we review...

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