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CARO, INC. v. ROBY

No. 82-634.

342 N.W.2d 182 (1983)

215 Neb. 897

CARO, INC., Appellant, v. Keith L. ROBY, Appellee.

Supreme Court of Nebraska.

December 16, 1983.

Attorney(s) appearing for the Case

William G. Line of Kerrigan, Line & Martin, Fremont, for appellant.

David J. Nielsen of McGrath, North, O'Malley & Kratz, P.C., Omaha, for appellee.

BOSLAUGH, HASTINGS, SHANAHAN, and GRANT, JJ., and CAMBRIDGE, District Judge.

GRANT, Justice.

Plaintiff-appellant, Caro, Inc., filed a petition against defendant-appellee Roby seeking a temporary and permanent injunction against Roby to restrain him from engaging in the funeral director business within a radius of 20 miles from Plattsmouth, Nebraska, for a period of 10 years.

Plaintiff's verified petition was based on an attached January 6, 1977, written agreement between the parties providing in part that Roby agreed "that at the time...

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