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MATTER OF TASTEE DONUTS, INC. v. PRICE

No. 92-3728 Summary Calendar.

990 F.2d 222 (1993)

In the Matter of TASTEE DONUTS, INC., Debtor Tastee Donuts, Inc., Appellant, v. Linda Leaumont PRICE, Wife of/and Thomas L. Price, Appellees.

United States Court of Appeals, Fifth Circuit.

May 6, 1993.

Attorney(s) appearing for the Case

Deborah Weisler Hayes, Douglas S. Draper, Friend, Wilson, Draper, Hubbard and Bowling, Gordon P. Wilson, New Orleans, LA, for appellant.

Linda Leaumont Price, pro se.

Robert L. Raymond, Destrehan, LA, for Thomas Price.

Before REAVLEY, JONES and EMILIO M. GARZA, Circuit Judges.

REAVLEY, Circuit Judge:

One question of law determines the outcome of this appeal: whether the prohibition against covenants not to compete contained in LA.REV.STAT.ANN. § 23:921 (West 1985)1 applies to franchise contracts in the absence of an employment relationship between the contracting parties. The district court held that the section 921 prohibition applied to covenants not to compete in franchise agreements that create no employment...

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