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WARNER & CO. v. SOLBERG

No. 20000327.

634 N.W.2d 65 (2001)

2001 ND 156

WARNER AND COMPANY, a North Dakota corporation, Plaintiff and Appellant, v. Shirley M. SOLBERG, Defendant and Appellee.

Supreme Court of North Dakota.

September 5, 2001.

Attorney(s) appearing for the Case

Ronald H. McLean (argued) and Jane L. Dynes, Serkland Law Firm, Fargo, ND, for plaintiff and appellant.

Robert Vaaler (argued), and Rebecca Jo Heigaard McGurran (appeared), Grand Forks, ND, for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Warner and Company ("Warner") appealed the summary judgment dismissing its breach of contract claim against Shirley Solberg. The trial court held the contract was an unlawful restraint of trade in violation of N.D.C.C. § 9-08-06. We hold a portion of the contract does violate N.D.C.C. § 9-08-06 and there are genuine issues of material fact precluding summary judgment with respect to the remaining portions of the contract...

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