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LIRE v. BOB'S PIZZA INN REST., INC.

Civ. No. 950228.

541 N.W.2d 432 (1995)

LIRE, INC., Plaintiff and Appellant, v. BOB'S PIZZA INN RESTAURANTS, INC., Robert A. Schmidt; Ioane G. Schmidt, each individually and d/b/a Bob's Pizza Inn Restaurant and Lounge, Defendants and Appellees.

Supreme Court of North Dakota.

December 27, 1995.

Attorney(s) appearing for the Case

Todd A. Schwarz of Frith, Schwarz & Steffan, Devils Lake, for plaintiff and appellant.

Carlan J. Kraft of Butz & Kraft, PC, Rugby, for defendants and appellees.

SANDSTROM, Justice.

Lire, Inc. appeals from a summary judgment dismissing its breach of contract action against Bob's Pizza Inn Restaurants, Inc., and Robert and Ioane Schmidt, individually and doing business as Bob's Pizza Inn Restaurant and Lounge. We hold the written contract for the Schmidts' sale of Bob's Pizza Inn Restaurants to Lire included an enforceable non-competition agreement. We reverse and remand for further proceedings.

I

In 1989...

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