DAVIES v. GROSSMONT UNION HIGH SCHOOL DIST.

No. 91-55140.

930 F.2d 1390 (1991)

Thomas DAVIES, Plaintiff-Appellant, v. GROSSMONT UNION HIGH SCHOOL DISTRICT; Monte Vista High School; Jennifer Eliott; Robert Pyle; Paul Martin; Christopher Bogden; Gerald Gordinier; and Does 1 through 20, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 8, 1991.


Attorney(s) appearing for the Case

Kenneth S. Klein, James T. Hannink, Gray, Cary, Ames & Frye, San Diego, Cal., for plaintiff-appellant.

Richard J. Currier, C. Anne Hudson, Judith S. Islas, Littler, Mendelson, Fastiff & Tichy, San Diego, Cal., for defendants-appellees.

Before BROWNING, D.W. NELSON and REINHARDT, Circuit Judges.


REINHARDT, Circuit Judge:

This appeal challenges the enforceability of a contract provision restricting appellant's right to run for public office. The provision is contained in a settlement agreement between appellant and the governmental entity involved. That agreement in turn formed the basis for a "dismissal and release and order thereon." We hold that the public policy favoring enforcement of such a provision is outweighed by the public policy served by its non...

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