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BED MART, INC. v. KELLEY

No. 1 CA-CV 01-0275.

45 P.3d 1219 (2002)

202 Ariz. 370

BED MART, INC., an Arizona corporation, Plaintiff-Appellee-Cross-Appellant, v. Michael O'Hara KELLEY, Defendant-Appellant-Cross-Appellee.

Court of Appeals of Arizona, Division 1, Department C.

Redesignated as Opinion May 13, 2002.

Attorney(s) appearing for the Case

Munger Chadwick, P.L.C., by Michael S. Green and Laura P. Chiasson, Tucson, for Plaintiff-Appellee-Cross-Appellant.

Jaburg & Wilk, P.C., by Herman A. Israel, Phoenix, for Defendant-Appellant-Cross-Appellee.

OPINION

EHRLICH, Judge.

¶ 1 Michael O'Hara Kelley appeals from the trial court's finding that he was not wrongfully enjoined by Bed Mart, his former employer, from working for Sleep America, one of its competitors. He further appeals from the court's denial of his request for attorneys' fees and costs. Bed Mart cross-appeals from the court's determination that the covenant not to compete in its employment agreement with Kelley was invalid and its award...

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