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LUETH v. GARDNER

No. 50A03-8811-CV-345.

541 N.E.2d 298 (1989)

Otto H. LUETH, Jr., and Carolyn M. Lueth, Appellants (Defendants below), v. Donald L. GARDNER, and Marianne Gardner, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Third District.

Rehearing Denied November 8, 1989.

Attorney(s) appearing for the Case

James E. Easterday, Sowinski, Easterday & Ummel, Plymouth, for appellants.

Peter L. Rockaway, Peter L. Rockaway & Associates, Plymouth, for appellees.

STATON, Judge.

Donald and Marianne Gardner (hereinafter referred to as Gardner) sued Otto and Carolyn Lueth (hereinafter referred to as Lueth) in the Marshall Superior Court for breach of contract. Lueth counterclaimed on the same theory. Both parties sought enforcement of the provisions of a non-competition agreement entered in connection with the sale of Gardner's automobile service and repair business to Lueth. Following a bench trial, the trial court entered final...

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