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WERLINGER v. MUTUAL SERVICE CAS. INS. CO.

Civ. No. 920128.

496 N.W.2d 26 (1993)

Larry W. WERLINGER, Plaintiff and Appellee, v. MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Mutual Service Life Insurance Company, and Modern Service Insurance Company, Defendants and Appellants.

Supreme Court of North Dakota.

February 23, 1993.

Attorney(s) appearing for the Case

Wegner, Fraase, Nordeng, Johnson & Ramstad, Fargo, for plaintiff and appellee; argued by Jeffrey A. Bredahl.

Jeffries, Olson & Flom, Moorhead, MN, for defendants and appellants; argued by Sara B. Gullickson, Moorhead, MN.

LEVINE, Justice.

Mutual Service Casualty Insurance Company, Mutual Service Life Insurance Company, and Modern Service Insurance Company (MSI) appeal from a judgment awarding Larry W. Werlinger termination compensation due him under the parties' agent's contract. We conclude that a noncompetition clause in the contract is an unlawful restraint of trade, void under § 9-08-06, N.D.C.C.,1 and we affirm the judgment.

Werlinger...

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