MERTZ v. PHARMACISTS MUT. INS. CO.

No. S-00-097.

625 N.W.2d 197 (2001)

261 Neb. 704

Patrick J. MERTZ, Appellee, v. PHARMACISTS MUTUAL INSURANCE COMPANY, Appellant.

Supreme Court of Nebraska.

May 4, 2001.


Attorney(s) appearing for the Case

Edward G. Warin and Patrick J. Barrett, of McGrath, North, Mullin & Kratz, P.C., Omaha, for appellant.

George B. Achola, of Walentine, O'Toole, McQuillan & Gordon, P.C., Omaha, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, McCORMACK, and MILLER-LERMAN, JJ.


CONNOLLY, J.

Pharmacists Mutual Insurance Company (Pharmacists) appeals from a summary judgment order in favor of appellee, Patrick J. Mertz, a former employee. The district court found a covenant not to compete clause in the party's employment agreement unenforceable.

The threshold question in this appeal is whether we apply Nebraska or Iowa substantive law. We look to the Restatement (Second) of Conflict of Laws...

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