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IN RE KBAR, INC.

Bankruptcy No. 88-71173, Adversary No. 88-7174.

96 B.R. 158 (1988)

In re KBAR, INC., Debtor. HARDEE'S FOOD SYSTEMS, INC., Plaintiff, v. KBAR, INC., Steven E. Brown, Gary L. Knox, Defendants.

United States Bankruptcy Court, C.D. Illinois.

November 3, 1988.

Attorney(s) appearing for the Case

Breen O. Condon, Rocky Mount, N.C., John L. Swartz, Springfield, Ill., John F. Dienelt, Washington, D.C., for Hardee's.

Lisa Manion, Springfield, Ill., for Franchise P. Finance.

Asher O. Geisler, Decatur, Ill., John M. Myers, Springfield, Ill., for KBAR, Brown and Knox.

OPINION

LARRY L. LESSEN, Chief Judge.

This case comes for hearing on Hardee's Food Systems, Inc.'s ("Hardee's") motion for partial summary judgment to enforce the post-termination restrictive covenant contained in KBAR, Inc.'s ("Debtor") license agreements, which were signed when KBAR, Inc. became a Hardee's franchisee. The restrictive covenant prevents KBAR, Inc. from offering, for a one year period and in a specified geographic radius, the "same or similar...

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