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TPS FREIGHT DISTRIBUTORS, INC. v. TEXAS COMMERCE BANK-DALLAS

No. 2-89-053-CV.

788 S.W.2d 456 (1990)

TPS FREIGHT DISTRIBUTORS, INC. and B. Bowlus West, Appellants, v. TEXAS COMMERCE BANK-DALLAS and Wanda J. Blair, Co-Independent Executors of the Estate of Kenneth G. Blair, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled May 22, 1990.

Attorney(s) appearing for the Case

Akin, Gump, Strauss, Hauer & Feld and Carol Stephenson and Thomas J. Owens, Dallas, for appellants.

Baker & Botts and Peter A. Moir, Dallas, for appellees.

Before WEAVER, C.J., and JOE SPURLOCK, II and MEYERS, JJ.

OPINION

JOE SPURLOCK, II, Justice.

This is an appeal from a contract cause of action based on a covenant not to compete. In this case of first impression in Texas, the issue is whether a covenant not to compete terminates upon the death of the covenantor. The trial court found the covenant did not terminate and granted summary judgment for the appellees. Appellants bring forth six points of error.

We affirm.

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