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HAWKINS CHEMICAL, INC. v. McNEA

Civ. No. 10164.

321 N.W.2d 918 (1982)

HAWKINS CHEMICAL, INC., Plaintiff and Appellant, v. Lloyd McNEA, R. F. Saunders, Dakco Distributors, Inc., and Mon-Dak Chemical and Supply Co., Defendants and Appellees.

Supreme Court of North Dakota.

July 9, 1982.

Attorney(s) appearing for the Case

Pringle & Herigstad, Minot, for plaintiff and appellant; argued by Jan Sebby, Minot.

Eaton, Van de Streek & Ward, Minot, for defendants and appellees, R. F. Saunders, Dakco Distributors, and Mon-Dak Chemical and Supply Co.; argued by Jonathan C. Eaton, Jr., Minot.

McGee, Hankla, Backes & Wheeler, Minot, for defendant and appellee Lloyd McNea; argued by Robert A. Wheeler, Minot.

PEDERSON, Justice.

The issues presented upon this appeal are:

(1) Whether an over-broad, non-competition agreement is void or valid, but should be enforced only in a one-county area as permitted by statute.

(2) Whether or not there is an obligation to pay for an over-broad, non-competition agreement if it is held to be void. We conclude that the non-competition agreement in this case is not void but is, instead, enforceable in Ward County. We further...

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