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PEREZ v. TEXAS DISPOSAL SYSTEMS, INC.

No. 04-00-00676-CV.

53 S.W.3d 480 (2001)

Albert PEREZ, Jose Maldonado, and Raul Gutierrez, Appellants, v. TEXAS DISPOSAL SYSTEMS, INC., Appellee.

Court of Appeals of Texas, San Antonio.

July 25, 2001.

Attorney(s) appearing for the Case

Jeffrey Bryan, Rosemarie Kanusky, W. Wendell Hall, San Antonio, R. Michael Moore, Scott R. McLaughlin, Fulbright & Jaworski, L.L.P., Houston, for Appellant.

Lawrence D. Smith, Olgetree, Deakins, Nash, Smoak & Stewart, P.C., San Antonio, for Appellee.

Sitting TOM RICKHOFF, ALMA L. LÓPEZ and SARAH B. DUNCAN, Justices.

OPINION

TOM RICKHOFF, Justice.

We are asked to decide whether an employer who seeks to enforce a covenant not to compete may be awarded attorney's fees under Texas Business Code section 15.51 or under Texas Civil Practice and Remedies Code section 38.001(8) when the trial court reforms the covenant and the employer prevails but does not recover damages. Because we hold that an employer is not entitled to attorney's fees under Section 15.51, we reverse.<...

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