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GANT v. HYGEIA FACILITIES FOUNDATION

No. 18228.

384 S.E.2d 842 (1989)

Alan GANT, D.O. v. HYGEIA FACILITIES FOUNDATION, INC.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion August 2, 1989.

Attorney(s) appearing for the Case

Charles R. Garten, Charleston, for Gant.

Hamilton, Mooney, Burgess, Young & Tissue, Ralph C. Young, Oak Hill, for Hygeia Facilities Foundation.

NEELY, Justice:

Alan Gant, D.O. was employed by Hygeia Facilities Foundation, Inc. as a family practitioner at the Raleigh-Boone Medical Center in Whitesville, West Virginia from 1 June 1982 through 31 July 1987. After Dr. Gant resigned, he sought a declaratory judgment to void a restrictive covenant in his employment contract prohibiting him for a period of three years from practicing within thirty air miles of Whitesville. Because we agree with the circuit court...

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