TORBETT v. WHEELING DOLLAR SAV. & TRUST CO.

No. 15594.

314 S.E.2d 166 (1984)

Catherine I. TORBETT v. WHEELING DOLLAR SAVINGS & TRUST COMPANY.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion February 17, 1984.


Attorney(s) appearing for the Case

Patrick S. Cassidy, O'Brien, Cassidy & Gallagher, Wheeling, for appellee.

Paul T. Boos & James C. Gardill, Phillips, Gardill, Hazlett & Kaiser, Wheeling, for appellant.


HARSHBARGER, Justice.

Catherine Torbett sued her former employer, Wheeling Dollar Savings & Trust Company, in Ohio County Circuit Court for a declaratory judgment that a not-to-compete restrictive covenant in her employment contract was unreasonable, and for damages. The case was tried to the court and to an advisory jury1 that answered special interrogatories, finding consideration for the covenant,2 but...

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