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SMART CORP. v. GRIDER

No. 49A02-9412-CV-746.

650 N.E.2d 80 (1995)

SMART CORPORATION, Appellant-Defendant, v. Kathy GRIDER, Appellee-Plaintiff, and Midwest Medical Copy Service, Inc., Appellee (Third Party Defendant).

Court of Appeals of Indiana, First District.

Rehearing Denied July 27, 1995.

Attorney(s) appearing for the Case

Robert D. Macgill, Andrew J. Detherage, Barnes & Thornburg, Indianapolis, for appellant.

Julia Blackwell Gelinas, Julia F. Crowe, Locke Reynolds Boyd & Weisell, Indianapolis, for appellees.

OPINION

ROBERTSON, Judge.

Smart Corporation appeals the summary judgment entered in favor of its former employee, Kathy Grider, in Grider's action for declaratory judgment that the noncompetition provisions of the parties' written Employment Agreement were unenforceable. We reverse, restating the dispositive issue involved as follows:

whether the blue pencil doctrine operates to delete the overly broad restriction regarding the geographic scope...

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