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DRURY INN-COLORADO SPRINGS v. OLIVE CO.

No. 88-1185.

878 F.2d 340 (1989)

DRURY INN — COLORADO SPRINGS, a Joint Venture between Drury Inns Inc., a Missouri Corporation and Lincoln National Realty Corporation, an Indiana Corporation, Plaintiff-Appellant, v. The OLIVE COMPANY, a Colorado Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 26, 1989.

Attorney(s) appearing for the Case

Paul F. Hultin (Randall G. Alt with him, on the briefs) of Parcel, Mauro, Hultin & Spaanstra, Denver, Colo., for plaintiff-appellant.

John M. Vaught (Peter C. Houtsma and Andrew I. Gavil with him, on the brief) of Holland & Hart, Denver, Colo., for defendant-appellee.

Before LOGAN, MOORE and BALDOCK, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

The single but difficult issue for our review is whether a restrictive covenant in a real estate sales contract constitutes a per se violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, and the Colorado Restraint of Trade and Commerce Act, Colo.Rev.Stat. § 6-4-101 (1973), and is thus unenforceable in an action for breach of contract. We believe it does not and reverse the judgment of the district court granting summary...

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