EARTHWORKS, INC. v. SEHN

Civil No. 950417.

553 N.W.2d 490 (1996)

EARTHWORKS, INC., Plaintiff, Appellant and Cross-Appellee v. Kevin SEHN, Defendant, Appellee and Cross-Appellant.

Supreme Court of North Dakota.

September 3, 1996.


Attorney(s) appearing for the Case

James L. Norris (argued), of James L. Norris, P.C., Bismarck, for plaintiff, appellant and cross-appellee. Appearance by Jack Marquart, president of Earthworks, Inc.

Albert A. Wolf (argued), of Wheeler Wolf, Bismarck, for defendant, appellee and cross-appellant. Appearance by appellee Kevin Sehn.


MESCHKE, Justice.

Earthworks, Inc., appeals from a summary judgment dismissing its action against Kevin Sehn for breach of a covenant not to compete. Sehn cross-appeals from the summary dismissal of his counterclaim against Earthworks for fraud. We affirm.

Jack Marquart and Sehn were each 50 percent stockholders of Earthworks, a Bismarck-based construction company that works on Federal-Aid Highway System projects...

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