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CARE MEDICAL EQUIPMENT, INC. v. BALDWIN

(CC 9509-06169; CA A95996; SC S45893)

15 P.3d 561 (2000)

331 Or. 413

CARE MEDICAL EQUIPMENT, INC., an Oregon corporation, Respondent on Review, v. Mark BALDWIN, Petitioner on Review, and Step Saver, Inc., Defendant.

Supreme Court of Oregon, En Banc.

Decided December 21, 2000.

Attorney(s) appearing for the Case

Charles E. Corrigan, of O'Donnell Ramis Crew Corrigan & Bachrach, LLP, Portland, argued the cause for petitioner on review. With him on the briefs was Mark L. Busch, Portland.

Joseph D. McDonald, of Palmer, Feltz, Smith & McDonald, Portland, argued the cause for respondent on review. With him on the brief was Laura E. Vaught, Portland.

VAN HOOMISSEN, J.

Plaintiff employer brought this action against defendant employee for breach of a noncompetition provision in an employment contract between the parties. The trial court ruled that the noncompetition provision of the contract was void and unenforceable, and it dismissed plaintiff's claims. After entering judgment in defendant's favor, the court awarded defendant $25,000 in attorney fees. The Court of Appeals reversed the award of attorney fees. ...

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