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B.J. SOFTWARE SYSTEMS, INC. v. OSINA

No. 01-91-00315-CV.

827 S.W.2d 543 (1992)

B.J. SOFTWARE SYSTEMS, INC. n/k/a the Herculean Solutions, Inc., Appellant, v. David J. OSINA, Appellee.

Court of Appeals of Texas, Houston (1st Dist).

March 19, 1992.

Attorney(s) appearing for the Case

Timothy J. Henderson, Todd J. Zucker, Houston, for appellant.

Jack D. Nolan, Houston, for appellee.

Before SAM BASS, COHEN and WILSON, JJ.

OPINION

WILSON, Justice.

In the trial court, appellee, David J. Osina, sued appellant, B.J. Software Systems n/k/a the Herculean Solutions (Herculean), for breach of contract. Herculean denied the allegations, and filed a counterclaim alleging Osina's actions were wrongful. Osina sought a ruling prior to trial that both parts of a covenant not to compete contained in the agreement were unenforceable. Herculean...

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