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INVENTORY AUDITORS, INC. v. MILLER

No. A8003-01239; CA A21467.

656 P.2d 393 (1983)

61 Or.App. 262

INVENTORY AUDITORS, INC., a Colorado Corporation, Respondent, v. Jerry MILLER, Appellant.

Court of Appeals of Oregon.

Decided January 12, 1983.

Attorney(s) appearing for the Case

Warner E. Allen, Portland, argued the cause for appellant. With him on the brief was Warren, Kirkman & Allen, Portland. With him on the reply brief was Stephen F. Mannenbach and Warren, Kirkman & Allen, Portland.

Craig T. Johnson, Lake Oswego, argued the cause for respondent. With him on the brief was Buckley & Johnson, P.C., Lake Oswego.

Before THORNTON, Senior Judge, Presiding, and WARDEN and VAN HOOMISSEN, JJ.

WARDEN, Judge.

Defendant appeals from the decree of the trial court enjoining him from competing with plaintiff in the professional inventory business in Oregon until November, 1981. The parties on appeal debate the validity of the noncompetition agreement that plaintiff sought to enforce. We find the controversy to be moot and dismiss the appeal.

The noncompetition agreement provided that defendant would not compete with Inventory Auditors in Oregon for a...

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