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KOVARIK v. AMERICAN FAMILY INS. GROUP

No. 96-2059.

108 F.3d 962 (1997)

Kenneth J. KOVARIK, Appellee, v. AMERICAN FAMILY INSURANCE GROUP; American Family Mutual Insurance Company; American Standard Insurance Company of Wisconsin; American Family Life Insurance Company; American Family Financial Service, Inc., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 19, 1997.

Attorney(s) appearing for the Case

Thomas O. Smith, Bismarck, ND, argued, for appellant.

Jeff A. Bredahl, Fargo, ND, argued, for appellee.

Before BOWMAN and LAY, Circuit Judges, and STROM, District Judge.

BOWMAN, Circuit Judge.

American Family Mutual Insurance Company, American Standard Insurance Company of Wisconsin, and American Family Life Insurance Company (collectively American Family) appeal from a grant of summary judgment in favor of American Family's former agent, Kenneth J. Kovarik. Because we conclude that the contractual provisions in dispute are not an unlawful restraint of trade under North Dakota law, we reverse.

I.

Kovarik was an American...

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