HOLOHAN, Chief Justice.
Respondent, Three Phoenix Company, initiated this litigation seeking injunctive and other relief based upon an alleged breach of covenants not to compete by the petitioner, Pace Industries, Inc. Pace moved to dismiss on the grounds that the respondent was not the proper party to enforce the covenants and that the covenants were unenforceable in any event. The trial court treated the motion as one for summary judgment, considered affidavits...
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