IN RE NORQUIST

Bankruptcy No. 84-00575-114.

43 B.R. 224 (1984)

In re Douglas G. NORQUIST, M.D. and Candace R. Norquist, husband and wife, Debtors.

United States Bankruptcy Court, E.D. Washington.

September 19, 1984.


Attorney(s) appearing for the Case

John W. Campbell and Joseph A. Esposito of Parry & Esposito, Spokane, Wash., for debtors.

William D. Symmes and Jeffrey L. Supinger of Witherspoon, Kelley, Davenport & Toole, P.S., and Jack R. Dean of Dean, Schwenker & Keane, Spokane, Wash., for The Rockwood Clinic.


MEMORANDUM OPINION

JOHN M. KLOBUCHER, Bankruptcy Judge.

The issue in this case is whether the debtor-in-possession may avoid the impact of a "Covenant Not to Compete" by rejecting his partnership agreement as an executory contract under 11 U.S.C. § 365.

Briefly, Dr. Norquist, an orthopedist, entered into a partnership agreement with the Rockwood Clinic (the Clinic) in Spokane, Washington. His partnership agreement provided that should he leave...

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