TERRY D. WHITTEN, D.D.S., P.C. v. MALCOLM

No. S-94-230.

541 N.W.2d 45 (1995)

249 Neb. 48

TERRY D. WHITTEN, D.D.S., P.C., doing business as Midlands Dental Center, Appellant, v. Terry MALCOLM, D.D.S., Appellee.

Supreme Court of Nebraska.

December 29, 1995.


Attorney(s) appearing for the Case

Richard L. Halbert and Michael R. Dunn, of Halbert & Dunn, Falls City, for appellant.

Gary F. Smolen, of Law Office of Eric W. Kruger, Omaha, for appellee.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.


LANPHIER, Judge.

This is an equitable action brought by Terry D. Whitten, D.D.S., P.C., doing business as Midlands Dental Center (Whitten), appellant, to enforce the noncompetition terms of an "Employment Agreement" with its former employee, Terry Malcolm, D.D.S., appellee. Whitten requested injunctive relief restraining and prohibiting Malcolm from practicing dentistry directly or indirectly within a 25-mile radius of Falls...

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